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Postman accused of stealing mail wins unfair dismissal case

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bustedflush
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by bustedflush »

meercat wrote:
bustedflush wrote:I ask again - WHERE IS THE CWU ON THIS????
WHAT DO YOU EXPECT THEM TO DO????

The whole point behind that change.org petition is to CHANGE THE LAW on this issue. I think you are over-estimating the power of the CWU if you think they can close the 'gap' in the law or force RM to reinstate this guy. What powers would they use for force RM to reinstate? There are none.

Isn't it obvious?? COLLECTIVE action which would be justified in that RM is defying a judge's order. How many times do we hear of offices taking action in the form of OT bans, walkouts etc. when one of theirs has been treated unfairly, suspended or fired? The substance of the CWU's clout lies in collective action, surely?
Justiceseeker
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by Justiceseeker »

I am not Dave, but he has a lot of friends up here in Cupar, Fife. I know what's going on. He was in the CWU and they were only involved through the internal process. He did not use them for the tribunal, he used a lawyer, the CWU are informed. It is not the CWU who will change laws it is the politicians who let these big companies bully individuals - that's who we want to take notice - that's why you need to spread the word. Dave is 1000% innocent. He lost shares, pension was frozen. Now it's all up the air until the law tries to sort it out.

All you posties out there, would any of you say you have total responsibility for the mail you sort - are you in a lockable booth? No ccTV, trackers or tracers were used. Do you have the mail you sort within your view at all times? Can anyone in the office touch the mail at any point in the sort process? The evidence was minimal, no witnesses. Employment law is not allowed to comment on innocence or guilt, that's why its a joke. It's hard to sue because he has no evidence he didn't do it - how do you prove you didn't do something? As has been pointed out if this was discrimination then the sky is the limit, but it isn't, RM are completely in control here. This is our laws, protecting the innocent ...

You guys have to stand up against this - IT COULD BE ANY ONE OF YOU. Look at what happened to the subpostmasters!!!!!!!
Justiceseeker
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by Justiceseeker »

Check this out, front page of Fife Herald
http://www.fifetoday.co.uk/news/local-h ... ments-area" onclick="window.open(this.href);return false;
Spedley
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by Spedley »

When I first read this thread, I wasn't sure what to think but I was going over it in my head today and I'm certain he is innocent.

The killer flaw I can see is that the letters went missing from several walks until the IB did test letters. I suspect that these test letters were very similar and that after the thief stole one and knew they had money in he then targeted them, even to the point of taking them from someone else's pigeon hole.

That explanation seems far more likely than a postie with 27 years behind them stealing them at random, followed by stupidly steeling them from his own walk to then carefully hiding the evidence.

Someone in the IB needs to find another job.
TrueBlueTerrier
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by TrueBlueTerrier »

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meercat
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by meercat »

The local newspaper FifeToday says RM are appealing the reinstatement order so it's far too early for the CWU to do ANYTHING. This case is still being tried.

Dave will need to wait and if he is eventually reinstated then he should be able to get his shares back and lost wages you would assume. He could certainly take them to court for loss of earnings.
Justiceseeker
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by Justiceseeker »

Dave has waited nearly 15 months already, it's the wait that kills. They haven't appealed its a reconsideration. Appeal would be a complete rehearing. Doubt he'll get his shares, they'll work their way out of that no doubt - all manner of mechanisms to reduce any settlement, plus its capped. He'll be paid off with a pathetic amount, still be sacked, with no hope of another job. He just wants to go back to the round he was on for 17 years, his customers love him, he misses his workmates - some of whom he'd worked with for nearly 30 years!! What is the real reason they don't want him back I wonder?
bustedflush
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by bustedflush »

Justiceseeker wrote:I am not Dave, but he has a lot of friends up here in Cupar, Fife. I know what's going on. He was in the CWU and they were only involved through the internal process. He did not use them for the tribunal, he used a lawyer, the CWU are informed. It is not the CWU who will change laws it is the politicians who let these big companies bully individuals - that's who we want to take notice - that's why you need to spread the word. Dave is 1000% innocent. He lost shares, pension was frozen. Now it's all up the air until the law tries to sort it out.

All you posties out there, would any of you say you have total responsibility for the mail you sort - are you in a lockable booth? No ccTV, trackers or tracers were used. Do you have the mail you sort within your view at all times? Can anyone in the office touch the mail at any point in the sort process? The evidence was minimal, no witnesses. Employment law is not allowed to comment on innocence or guilt, that's why its a joke. It's hard to sue because he has no evidence he didn't do it - how do you prove you didn't do something? As has been pointed out if this was discrimination then the sky is the limit, but it isn't, RM are completely in control here. This is our laws, protecting the innocent ...

You guys have to stand up against this - IT COULD BE ANY ONE OF YOU. Look at what happened to the subpostmasters!!!!!!!
Thanks for clearing that one up. I just assumed that the CWU funded or provided legal assistance for the IT.
The thing is this stinks, and for him to be trapped between a rock and a hard place (he gets nothing and no job/future or he gets a pay-out less than if he took IHR or ER and then still has no job/future.)
I get the feeling this is about loss of face rather than RM saving a few quid.

The thing is, what can WE do about it?? A 'go fund me' or petition to the CWU? Along with many other OPG's I'm sure we could help with some direction.

I have to ask, what is the Cupar office view on this, what action can they take or have they taken? I'm surprised that there hasn't been a walk-out or other kind of action yet. I know that many offices would faced with such actions against a respected colleague.
TrueBlueTerrier
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by TrueBlueTerrier »

bustedflush wrote: I have to ask, what is the Cupar office view on this,
They are extremely mad but for obvious reasons they can't post on this thread without "outing" themselves. They are though in full solidarity with him, and lets say plans are being made.
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bustedflush
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by bustedflush »

TrueBlueTerrier wrote:
bustedflush wrote: I have to ask, what is the Cupar office view on this,
They are extremely mad but for obvious reasons they can't post on this thread without "outing" themselves. They are though in full solidarity with him, and lets say plans are being made.
Received and understood. :thumbup
NWpostie
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by NWpostie »

bustedflush wrote:
TrueBlueTerrier wrote:
bustedflush wrote: I have to ask, what is the Cupar office view on this,
They are extremely mad but for obvious reasons they can't post on this thread without "outing" themselves. They are though in full solidarity with him, and lets say plans are being made.
Received and understood. :thumbup
I hope a walk out and work to rule will be in place, it's usually only through collective action can this be resolved, as it's often the case while you go down the legal route RM can play it off and string it out, faced with the threat of a walk out usually concentrates the mind and the negative publicity that comes with it once the press gets hold of it.

United we stand, divided we fall.
Six of Nine loves Seven of Nine, together in Electric Dreams.
Broxi51
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by Broxi51 »

This could happen to any one of us. All it takes is for the investigating team to make a mistake
either by accident or deliberate and we are royally screwed because we have to prove our innocence
rather than RM prove our guilt. Any involvement by the CWU has to be at national level and not local since
it affects us all. The CWU needs to be given access to both the Investigating teams records and Mr Mitchells
to see if they can find out where it went wrong.
The time has come to stop turning the other cheek, time to stop shaking our heads in bitter dismay, time to stop mumbling our angry words.
The time has come for union.
datasaint
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by datasaint »

I think the IB jumped the gun on this one. How can they put a charge against him with no evidence??
meercat
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by meercat »

norm wrote:I think the IB jumped the gun on this one. How can they put a charge against him with no evidence??
They had evidence but it was circumstantial and far from solid. At least this should focus their procedure so that next time they ONLY sack with HARD evidence.

Dave taking this all the way to the Tribunal has done us all a huge service and he should be applauded, because of his determination the IB now know they can't proceed without HARD evidence. Well they can but they risk another judgement against RM. Would that stop them???
Justiceseeker
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Re: Postman accused of stealing mail wins unfair dismissal c

Post by Justiceseeker »

bustedflush wrote:
TrueBlueTerrier wrote:
bustedflush wrote: I have to ask, what is the Cupar office view on this,
They are extremely mad but for obvious reasons they can't post on this thread without "outing" themselves. They are though in full solidarity with him, and lets say plans are being made.
Received and understood. :thumbup

Spot on, if you guys can come together nationally on this it will help Dave carry on the fight he started all these months ago. We can only hope and trust the CWU will support this strongly. Anything that can be done to ensure that will be greatly appreciated.