Strike action on the cards as sacked Cupar postie is told he won't be reinstated

[Broxi51]

http://www.thecourier.co.uk/news/local/ ... g-1.912583



The threat of Christmas postal strike action is hanging over Fife following a tribunal appeal over a postman accused of theft.


Royal Mail lawyers insisted David Mitchell will “never deliver the mail in Cupar again” despite him winning an unfair dismissal case.

At an appeal hearing at the tribunal’s office in Dundee, solicitors acting for the Royal Mail claimed even a court order would not reverse their decision.

Mr Mitchell, 57, was fired last year over missing mail, but despite a judge’s order Royal Mail has refused to give him his job back because bosses believe he is a thief.

Brian Filburn of the UCW trade union said members will now ballot on industrial action over their colleague’s treatment, although it is unclear if this could lead to a festive walkout.

The tribunal heard from a senior manager at Royal Mail who said Cupar’s postal delivery office is in crisis with staff refusing to work overtime.

Office manager Colin Anderson, who did not attend the hearing, was described as being under pressure with community protests and unrest among workers.

Andrew Gibson, representing Royal Mail, said bringing Mr Mitchell back would put Mr Anderson in an “intolerable position” because of his involvement with the investigation.

He also claimed Mr Mitchell would require the “constant supervision” of a specially employed third manager and would be under “constant suspicion” if he returned.

Giving his evidence, Mr Mitchell said he had no ill-feelings towards his managers and wished to “draw a line under everything” and get back to work.

He said it was extremely difficult for him to find another job at his age with the allegations hanging over him.

Around 16 supporters, mainly customers, travelled to Dundee from Cupar to attend the hearing.

Mr Mitchell’s solicitor, Ken Glass, said given Royal Mail’s refusal to give him his job back he could receive a maximum settlement of £58,000 – however, Royal Mail’s lawyers estimate a figure closer to £20,000.

Employment judge Ian McFatridge said he would make his judgment within two or three weeks.

[TrueBlueTerrier]

http://www.fifetoday.co.uk/news/local-h ... -1-3959441" onclick="window.open(this.href);return false;

Royal Mail staff in Cupar are to be balloted for strike action over the case of a postie who’s failed to win his job back despite a judge ruling he should be reinstated.

Dave Mitchell (57) won an employment tribunal in August after judge Ian MacFatridge ruled that Royal Mail had ‘no basis’ for believing that he had stolen mail while on his rounds in Ceres, Craigrothie and his home village of Chance Inn.



The judge ordered Royal Mail to give him his job back - but the organisation took the highly unusual step of asking for another hearing to reconsider the ruling.


And at the hearing this week Royal Mail’s lawyer Andrew Gibson drew gasps of disbelief from Mr Mitchell’s supporters when he said that he would not be returning to work ‘under any circumstances’.

Mr Gibson said that even if the judge ruled for a second time that Mr Mitchell should be reinstated, Royal Mail would not comply with the ruling because they still believed he was a thief and his reinstatement would be completely impracticable given the ‘breakdown of trust and confidence.’

Mr Mitchell’s lawyer Ken Glass accused Royal Mail of ‘cocking a snook’ at the law by refusing to implement the judge’s ruling and displaying ‘breathtaking arrogance’ in refusing to reconsider their position.

Mr Mitchell’s ordeal began almost a year ago when he was suspended under suspicion of stealing mail.

In July managerial staff in Cupar implemented a ‘sting’ which ended with Royal Mail investigators searching Mr Mitchell’s house, car and van, but nothing was found and Mr Mitchell described the operation as ‘shoddy’.

He was then sacked and took his case to the employment tribunal, at which the judge told Royal Mail to reinstate him by October 1.

Mr Mitchell then went back to the Cupar sorting office, believing he’d got his job back.

“I was over the moon,” he told Wednesday’s hearing.

“A huge cheer went up as I walked back into the building.


“The support from customers and colleagues has been amazing.

“ I thought I could just walk back into the job I’d been doing for 27 years and was good at, but that lasted about two days until I realised there was a question mark over it.”

Mr Mitchell denied that if he went back to his old job there would be ill-feeling between him and manager Colin Anderson, who had been involved in ‘the sting’ operation.

Mr Anderson was not present at this week’s hearing because Royal Mail’s HR boss Ian Haxton said he had been put under ‘intolerable pressure.’

Brian Philbin of the Communication Workers’ Union said that there was 100 per cent support for Mr Mitchell and that union members in Cupar were to be balloted over strike action within the next few days.


Mr MacFatridge said he would publish his findings within two to three weeks.

[Justiceseeker]

It's as simple as that - all an employer has to do is close ranks and say we believe you did it and that's all the law needs to allow them to sack you, and there's no going back! At least the press give some sort of justice to an impossibly unfair situation - they now seem to have far more power than the law! What does the judge think? Vote Take The Royal Out Of Royal Mail!! Stand up with David and say THIS IS NO WAY TO TREAT AN INNOCENT PERSON!

[masterblaster]

Sack the manager, then he wont be in an “intolerable position”. Sounds like wan*er anyway.

[mondeo1]

this company is really taking the piss now with the way they are treating their staff, its about time we all said enough is enough

[Surreypostie]

Surely RM could be held in contempt of court and directors jailed? This man is innocent until proven guilty and RM have failed to do that.

[Phantom]

We should all walk out. I'm sick of this s**t company and the way it treats people.

[Broxi51]

We should all walk out. I'm sick of this s**t company and the way it treats people.

Totally agree!

[Spedley]

As I see it there are two issues here and the first one is: Do you think David Mitchell is guilty based on what you have read?
No I don't think he is based on the small amount of info I am privy to but that is irrelevant ...

Can you be sacked for fictitious reasons and not even have a leg to stand on after 2 judges have ruled in your favour? YES, you can!!!

What??? I thought if I did my job properly and well I would always have a job or at least be offered redundancy - no, they just accuse you of theft, screw your life up and kick you out.

I'm up for a strike until the law is changed, let alone David reinstated!

[NWpostie]

Strike action is one thing, in order to cement it, you would need to work to rule, no overtime, do your job exactly by the book, don't come in early, take your full meal break before going out, sort at a steady pace, use official equipment and no private cars.


That will screw up things for the management in Cupar.

[Surreypostie]

I agree, without overtime the job wouldn't get done. I actually love my job, I like to do it well and to the best of my ability but sometimes you just have to make a stand against injustice. If they think this poor manager has a problem now, think of the problems he would have in an office failing everyday as the staff have lost confidence in him. I'm sorry but if you can't handle the problems when you stick your head up to be a manager, then quite honestly you shouldn't be a manager. My sympathy goes the the postman in this case based on the only facts we have been given. If it was proven he was a thief then no sympathy.

[Bahia Feliz]

Strike action is one thing, in order to cement it, you would need to work to rule, no overtime, do your job exactly by the book, don't come in early, take your full meal break before going out, sort at a steady pace, use official equipment and no private cars.


That will screw up things for the management in Cupar.

"
The tribunal heard from a senior manager at Royal Mail who said Cupar’s postal delivery office is in crisis with staff refusing to work overtime."

[fishtank]

If my memory serves me well Cupar was one of the first offices to take industrial action back in 2007 to protect all of your jobs, kudos to the Cupar members.

[NWpostie]

Strike action is one thing, in order to cement it, you would need to work to rule, no overtime, do your job exactly by the book, don't come in early, take your full meal break before going out, sort at a steady pace, use official equipment and no private cars.


That will screw up things for the management in Cupar.

"
The tribunal heard from a senior manager at Royal Mail who said Cupar’s postal delivery office is in crisis with staff refusing to work overtime."

Good, hope they will keep it up,

[Justiceseeker]

As well as the Cupar posties (hats off), there is a whole community totally up in arms about the way Royal Mail are acting in this case. That just doesn't happen when someone even has a hint of guilt. The judge listened to the facts of this case and we know what his decision was. Common sense and logic scream there is no question over the innocence of Dave Mitchell. Dave's petition is there to fight the inadequacy of Employment Law (Change.org 'UK Employment Law: the judges decision should be final), support it, sign it, pass it on. Every postie should make a noise about this. anyone could be next.