CWU to Royal Mail: 'Obey the Court'

[Broxi51]

http://www.cwu.org/media/news/2016/janu ... the-court/


Members at a delivery office in eastern Scotland will be taking a second bout of strike action next week to force Royal Mail to an employment tribunal and reinstate a postman who was illegally sacked.

A judge has twice ordered the company to restore David Mitchell to his position at the office in Cupar, Fife, and twice local management have refused, leaving David’s colleagues with no option other than to take action, which could spread to other offices within the branch and other branches in Scotland.

Members at Cupar – which lies south of Dundee and east of Perth –voted by an overwhelming 97 per cent for action, and struck for a day before Christmas. This will be followed up by a 24-hour strike starting next Monday morning at 8.30am.

CWU assistant secretary Ray Ellis said that David, who has over 27 years of service with Royal Mail, had been “summarily dismissed” back in December 2014, but that he had subsequently won judgement in his favour at an employment tribunal in September of last year.

“At the tribunal, the judge (Ian MacFatridge) ruled that the ‘dismissal was unfair and the primary remedy contained in the legislation is reinstatement’.” Ray explained, adding that the judge had also strongly criticised the dismissing manager for a failure to properly investigate the allegation against David and that the company’s investigation had fallen ‘very far short of that which a reasonable employer would have carried out’.

The court heard that, despite a search of his delivery van, his own personal car, his house and his person by company investigators after items of mail were reported missing on his round, no trace was found of anything.

“It was an extremely serious allegation,” Ray continued, “accusing him of theft with no evidence whatsoever – as well as the court, the Scottish prosecution service also ruled that there was insufficient evidence to back up the charge.”

Local CWU branch secretary Kenny Logan (Scotland 2) said that he is “extremely concerned regarding Royal Mail’s position by not following the recommendations of the ET chairman to reinstate David Mitchell and I’m also concerned for our members in the future regarding tribunals and the ability of the business conducting future conduct cases.

“I would like to thank all members within Cupar for showing solidarity and support with regard to this serious issue,” Kenny continued, adding: “We’re determined to win reinstatement for David. If this doesn’t happen, this could escalate to a branch-wide dispute.”

[daveyeff]

I hope he doesn't spend his money then, because if he does win re-instatement they will want it back. has our hierarchy not got anything to say about this disgraceful situation they've been allowed to get away with?

[Broxi51]

I hope he doesn't spend his money then, because if he does win re-instatement they will want it back. has our hierarchy not got anything to say about this disgraceful situation they've been allowed to get away with?

Think there has to be major kick up the arses of the star players on the RM team of incompetents. This is dragging them down and will go bigger if they don't act soon.

[fishtank]

I hope he doesn't spend his money then, because if he does win re-instatement they will want it back. has our hierarchy not got anything to say about this disgraceful situation they've been allowed to get away with?

Think there has to be major kick up the arses of the star players on the RM team of incompetents. This is dragging them down and will go bigger if they don't act soon.

I've had off the record conversations with a good few managers in the area and they all seem to be embarrassed by the situation at Cupar and how it's been handled, they are also very nervous at the thought of this becoming an area wide issue.

[daveyeff]

so they should be, for them to sack a bloke illegally and without evidence is a bloody disgrace. I hope it goes national TBH. the managers involved in this stitch up should hang their heads in shame and be given their p45s.

[Justiceseeker]

Anyone decent human being knows how wrong the treatment of David Mitchell by RM has been.
And how unfair it is the law somehow effectively supports them.
It's brilliant to read what Dave Ward and the CWU are doing, holding RM to account for their evil actions - make them all the managers involved in this answer for their mistakes! It should be them without a job.
Get Moya and her 'boys' up in front of the highest order to answer why they think they are above the law!
To the Cupar posties, you are the real heroes in the end (after David of course - who took on Goliath).
Nothing but admiration for what you are all doing.
Keep up the pressure.

[DB1100]

I hope he doesn't spend his money then, because if he does win re-instatement they will want it back. has our hierarchy not got anything to say about this disgraceful situation they've been allowed to get away with?

Think there has to be major kick up the arses of the star players on the RM team of incompetents. This is dragging them down and will go bigger if they don't act soon.

I sincerely hope so.

[arnold cheshire]

I hope he doesn't spend his money then, because if he does win re-instatement they will want it back. has our hierarchy not got anything to say about this disgraceful situation they've been allowed to get away with?

He would be owed back pay

[daveyeff]

aye, true. never thought about that. good one.

[daveyeff]

another thing that has 'stitch up' written all over this case is that RM always take to court and prosecute thieves. they knew they had no such evidence, and the tribunal blew them straight out of the water.

[fishtank]

The integrity of the entire management structure in the east of Scotland has been undermined by this case, It was a bad call which has been turned into a terrible call due to a mixture of stubbornness and arrogance and that age old Royal Mail problem of management closing ranks and protecting their own no matter the facts of the case.

Management are human and make mistakes, the "macho" culture in RM management means that ironically nobody has the courage to stand up and admit that they've made one.

[Justiceseeker]

Management are human and make mistakes, the "macho" culture in RM management means that ironically nobody has the courage to stand up and admit that they've made one.

As for the hierarchy its the whole lot of them. Moya and the range of boys under her wing at the top have had numerous letters from members of Dave's family and from his customers over the last 18 months.

Guess what " No comment. Royal Mail take the security of their customers mail very seriously." They now make no comment because "matters have been concluded".

The buck stops with macho Moya - or should that be Maggie? It's bred in from the top.