Murderer says RM breached his human rights by sacking him

[TrueBlueTerrier]

Murderer says Royal Mail breached his human rights by sacking him http://www.portsmouth.co.uk/newshome/Mu ... 6662915.jp" onclick="window.open(this.href);return false;

A man convicted of murder claimed today his employers breached his human rights when they sacked him after he was charged with the offence but before he was found guilty.

Roger Kearney, 57, was convicted in June at Winchester Crown Court of stabbing his married lover Paula Poolton, 40.

But his employers, Royal Mail, sacked him from his job as a van driver in January because they said he had committed gross misconduct.

Kearney, formerly of Sarisbury Green, is claiming £8,225 in lost earnings from the January date until he was convicted.

He was not present at the hearing but was represented by his daughter.

In a statement, Kearney said: 'I believe Royal Mail decided that I was guilty of the crime and wanted to get rid of me as soon as possible.

'If Royal Mail felt that they could no longer trust me, they must have believed that the allegations against me were true and after 34 years of loyal service, a clear conduct record and no previous convictions, I am extremely disappointed that they came to this conclusion as it had no affect on my ability to perform my job and is a clear breach of my human rights.

'Anyone can be accused of a crime at any time and it should follow that they are presumed innocent until found guilty.

'I accept that after my conviction on June 11, 2010 I would have no longer been able to fulfil my duties.'

The hearing heard Royal Mail's grounds for dismissal were: Kearney had been charged in June 2009 with murder, press coverage and that he had failed to adhere to the standards expected of employees.

The company denies Kearney was unlawfully dismissed.

Mail centre manager Keith Finch told the hearing he sacked Kearney because he felt there could be a 'risk' to the public because the murder of Ms Poolton was 'particularly violent'.

He was also on bail and unable to enter Hampshire and he worked at the Southampton Mail Centre.

Mr Finch said it was not a realistic option to allow Kearney to be suspended and stay at home when, at the time, there was no trial date and Royal Mail was struggling financially.

He added that the publicity of the trial would damage Royal Mail's reputation and although Kearney had not been convicted, he felt that the authorities must have had good reason to charge him.

'I lost my trust in him,' he said. 'I believe we could have lost business in the local area.'

During the six-week trial, the jury heard Kearney, who had a long-term partner, and Ms Poolton were lovers and he stabbed her seven times in October 2008.

He left her body in the boot of her car near Swanwick railway station after she put pressure on him to move in with her.

[fmrPOSTIE]

Is Royal Mail on dodgy ground here?

[norbert]

seen this done - let's just say it involved a baseball bat ...he tried to use working for RM that night as a albi .....it was handled fairly well ....for once ...... as the guy was tripped up & nothing got in the papers ....for a change ! ......I'd guess they can use the Bringing into Disrepute as a catch all ? but they've got to do it properly ?

I've even seen a Manager say to someone I want your notice because in the local arse wipe it states that your mother was the only one in your family without a criminal record or I'll have to sack you on Friday

the gross misconduct & standards one in the press report sounds botched ......shock horror ....all BS purely to impress though the MCM is correct about disrepute though , it would have been better if they pulled him into the Office and told him to resign ....it's what RM & the IB usually do with thieving / fiddling managers .....even offering to drop prosecutions if they go quietly

BTW P/man love the Cameron , Osbourne & Cable smiles

[hantsman]

Is Royal Mail on dodgy ground here?

I think you have got in one fmrpostie,

they have dismissed him without carrying out the proper process, end of!

[norbert]

Is Royal Mail on dodgy ground here?

I think you have got in one fmrpostie,

they have dismissed him without carrying out the proper process, end of!

yep Farcical .....RM are nothing if not consistent ....they went into panic mode due to " pressure " and all the negative publicity has come back to haunt them ......Well Done ! The Braindead machine & dumb culture ....once again

[fishtank]

Why did the manager not seek advice from Royal Mail's own legal people with such a high profile case?
Do these decisions not get reviewed at a higher level?
This manager may be looking for a new job shortly i think....
I wonder if they will follow procedure with that one....

[norbert]

I'd have thought the idea of RM's Legal Team was to stop Industrial Tribunals and subsequent press coverage ....but it's RM and there has to be " suspension of reality " as they say in Hollywood .

The problem is if RM lean too hard on the MCM , it'll open a can of worms , I'd surmise a SM would have given orders to his Linos to fit that guy up and get him out of building , " favourite sons " would have been " witnesses " . They'll all be blaming each other and dropping each other in it ? .



Most organisations not just RM , are terrified of a H&B charge from a bitter , twisted manager with a chip on his shoulder or worst still a unfair dismissal Tribunal . So out comes RM's " magic carpet " as they'd need very expensive Barristers to wriggle out of this ?

The laughable irony will be that certain managers will get offers to " spend more time with their families " or the B&Q sized " RM Gardening Leave Centre " at the very most .

[fmrPOSTIE]

This case makes Royal Mail look like complete idiots. Looks like this murderer is getting a few quid to cover his time inside.

YES
He may have brought RM into disrepute (although v difficult to prove)....

"Mr Finch said it was not a realistic option to allow Kearney to be suspended and stay at home when, at the time, there was no trial date and Royal Mail was struggling financially." - Ridiculous statement to make from a so-called manager.

"...although Kearney had not been convicted, he felt that the authorities must have had good reason to charge him." - does this manager understand basic principles of UK law (whata fcuking clown).

Clearly a nasty murderer but why didnt Royal Mail just let this follow due process, they would have got the result they'd have wanted!

[Broxi51]

This case makes Royal Mail look like complete idiots.

How unusual

[norbert]

yep in The Sun & the rest of 'em now ....kindest thing I can say about Mr Finch is that they've to parrot off what they're told or he'd be in a Tribunal too .

[hantsman]

I will right upfront here in what I think has happened regardless of the convicted murder charge,

RM and I mean the manager here, IMHO has just decided to sack him with just a letter of dismissal, no suspension, no interview, no appeal, (Even if he was on bail or not, RM suspension is on full pay) Manager decided to sack him without following the rules, sounds like proven automatic unfair dismissal, The fomer postman will get his owed wages without even breaking in a sweat from his cell.

[norbert]

no sympathy for RM or their MCM / SM .....they were only interested in getting Brownie Points for impressing a more Senior Manager .

It was a terrible crime but the thought of RM playing the dashing Knight on the white charger in the papers is laughable .

[hantsman]

They ET is being held at Reading in the RG area, they do have have a tribunal office at Southampton but maybe his daughter lives near Reading!

[fmrPOSTIE]

whats the outcome , anyone know?

[POSTMAN]

When it comes out and it's on the net we'll have it,so no news as yet.