Key witness's evidence flawed and inconsistent, tribunal

[TrueBlueTerrier]

Key witness's evidence flawed and inconsistent, tribunal hears

HE evidence of a postal worker who claimed she was the victim of bullying was inconsistent, a tribunal heard.

Anne Worthington had said she was targeted by union members at Burslem's Royal Mail depot, leading to the suspension of 12 employees in September 2007.

She claimed they targeted her because of her refusal to take part in an "unofficial overtime ban" linked to ongoing disputes with managers.

Six of the group later had their suspension dropped and were allowed back to work, while a seventh man resigned.


Now Paul Malyon, Dave Scaratt, Dave Evans and Mick Gardner, who permanently lost their jobs, are claiming unfair dismissal during a three-week tribunal hearing in Birmingham.

Nina Unthank, representing the union, said internal investigators at Royal Mail had regarded Ms Worthington as a more credible witness than the men because "she was notably consistent in her evidence."

But she said there were occasions when she incorrectly identified people, confused dates and gave dubious accounts of events.

She said Ms Worthington initially claimed Mr Malyon had been abusive about staff doing overtime in a union meeting on August 3.

But it had later emerged that it had been Mr Gardner.

She also said Ms Worthington had told officials she attended a union meeting on July 30, but investigations showed she was not in work on that day.

Ms Unthank told how Ms Worthington had alleged Mr Scaratt swore at her.

But another worker, Les Bailey, said that Mr Scaratt did not do that.

Ms Unthank added: "She was keeping a diary so you would expect her to remember.

"Did the fact that she did not remember dates not make you question the impact which she said the meetings had on her?"

Royal Mail appeal group manager Adrian Buckley replied: "No interviewee months later is going to deliver it word for word.

"This is a distressed person, who has been harassed, trying to repeat the story."

Ms Unthank also criticised Mr Buckley for accusing the dismissed men of coming up with "conspiracy theories" in a bid to divert the blame from themselves.

She said Ms Worthington, who was previously a part-time worker, had been made full-time after the dismissal.

Ms Unthank said that meant the men's allegation that Ms Worthington's complaint was motivated by trying to get more hours' work could be true.

Ms Unthank also said Ms Worthington had told a doctor earlier in the year she was stressed because of problems with her daughter and had not mentioned work.

Mr Buckley said the men put forward "conspiracy after conspiracy".

The tribunal also heard Mr Buckley had requested an electronic file from manager Scott Owen to identify when Ms Worthington was at work, but when it had arrived, it had been "manually corrupted".

Ms Unthank questioned why his team had not investigated the issue further.

Mr Buckley said: "The suggestion that he (Mr Owen) suddenly joined MI5 and decided to corrupt a file is ludicrous."

The tribunal continues.

[fishtank]

Mr Buckley said: "The suggestion that he (Mr Owen) suddenly joined MI5 and decided to corrupt a file is ludicrous."

[norbert]

think there was an independent tribunal and it was found that a CD rom disc had been tampered with ....it was NOT disputed - everything is purely to impress a more senior manager and has to fit RM's agenda ....simple as otherwise managers will be joining the staff at a Civvy Industrial Tribunal .....no one is immune . RM also accused a rep of starting a strike when he was at home on a Rest Day .

A senior union official put a 30 page notice of consent and objection in .....RM's case was full of holes + contradictions & begged more questions than answers ....as per usual .

Sounds like bullying , the old ...." You're being paranoid " . With RM IR ....it's a case of who is calling whom paranoid . Even the "independent " Union Bashing Hellmail site admitted RM didn't come out of this well .