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Postie Dave Reluctantly accepts Royal Mail payout

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TrueBlueTerrier
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Postie Dave Reluctantly accepts Royal Mail payout

Post by TrueBlueTerrier »

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Image
Dave Mitchell (right) meets Cupar posties who walked out in support of him on Saturday

Sacked Cupar postie Dave Mitchell has accepted a pay-out of almost £57,500 as Royal Mail remain adamant he won’t be reinstated despite the ruling of a tribunal judge.

Royal Mail, who dismissed Dave (57) amid claims that he stole mail, were told back in August by tribunal judge Ian McFatridge to give him his job back, but they refused to do so and asked for a second hearing at which they said he would not be reinstated ‘under any circumstances’.

Dave delivered mail in the area for 27 years but was pursued by Royal Mail investigators in an operation he likened to the ‘Keystone Cops’. No stolen mail was ever found but he was sacked anyway.

This week, Mr McFatridge issued his judgement following the second hearing, saying: “I have found that there is really no reason why it is impracticable for the respondents to reinstate the claimant other than they are not prepared to accept the verdict of this tribunal.”

He ordered Royal Mail to pay Dave £56,493.71, which Dave has now accepted ‘with the greatest reluctance.’

He said: “The Tribunal have made a financial award in my favour which is the only remaining award they can make in the circumstances and is one which I have to accept although with the greatest reluctance as it represents but a fraction of the loss I will likely incur over the forthcoming years if I am unable to gain paid employment. My real wish remains to go back to the job that I loved and to serve the customers who have supported me throughout this ordeal.

“I am concerned for other postal workers who for whatever reasons find themselves in the future in a similar position to myself.”
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daveyeff
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Re: Postie Dave accepts Royal Mail payout

Post by daveyeff »

stinks to high heaven of a total stitch up. how many employers pay almost 60 grand out to someone they think has been thieving. its an absolute disgrace they've been allowed to get away with sacking this bloke. they collaborated to get him out for whatever reason. it should be management involved who gets peddled. b******s
taxi4leighton
Posts: 343
Joined: 11 Oct 2007, 14:05

Re: Postie Dave accepts Royal Mail payout

Post by taxi4leighton »

i hope he still gets his full pension rights.this illustrates what a lousy vicious nasty employer we have.im glad I am over 60 and dont have to long to go.the standard of managers from top to bottom is alarmingly shocking
Broxi51
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Joined: 30 Jul 2007, 19:04
Location: Scotland

Re: Postie Dave accepts Royal Mail payout

Post by Broxi51 »

They sack him without evidence. They ignore the ruling of the tribunal judge to reinstate him and ask for
a reconsideration. The judge acknowledges that RM wont take him back but makes it clear that there is no reason
not to do so. He is now jobless and labelled by RM as a thief and having to try and find a job aged 57.
He gets awarded 56k minus tax and costs to last him until he gets a job or 10 years if he doesn't.
I always knew that there was faults with RM but I didn't think they were this rotten.
Dave Ward should be taking this up personally and speaking to offices up and down the UK
to find out the feelings of the members as this could happen to anyone.
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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Joined: 22 Sep 2008, 17:19
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Re: Postie Dave accepts Royal Mail payout

Post by datasaint »

Be interesting to hear what the facts of the case were. Obviously RM has their beliefs on what happened, but to let it get so out of hand with nothing to substantiate the allegations is barmy.
Spedley
Posts: 1209
Joined: 16 Jul 2007, 17:32
Location: Warwickshire

Re: Postie Dave accepts Royal Mail payout

Post by Spedley »

So does that mean that RM have to do what the court says?

Either pay him compensation OR reinstate him. Dave wanted reinstating but RM refused and only offered the compensation.

That is a slightly different story to the one saying RM can ignore the courts.
aiden01
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Re: Postie Dave accepts Royal Mail payout

Post by aiden01 »

norm wrote:Be interesting to hear what the facts of the case were. Obviously RM has their beliefs on what happened, but to let it get so out of hand with nothing to substantiate the allegations is barmy.
1 simple fact the guy was INNOCENT of what rm brought against him that's the only fact you need to know.
taxi4leighton
Posts: 343
Joined: 11 Oct 2007, 14:05

Re: Postie Dave accepts Royal Mail payout

Post by taxi4leighton »

yes.points to be made are,he was falsely accused of being a thief,he has been a postman for over 30 years,surely if he had been dishonest,it would have been dealt with years ago.its over a year since he was sacked,think of the the mental anguish this guy has went through,the manager in question appears to be incompent.why is he still in charge,what respect do the Cupar posties have for him.how much confidence do we have in Royal Mail that seems to be so vicious that it backs managers even when they must know that they are not fit for the job.also I hope Dave can take Royal Mail to court and sue them for defamation of character and for the stress and anguish this has caused him.it would be even better if he could also sue the manager involved.and make him stand in the dock and explain his actions.the union at the top level should be involved in this.if not it can happen to any of us
Justiceseeker
Posts: 65
Joined: 30 Sep 2015, 19:02
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Re: Postie Dave accepts Royal Mail payout

Post by Justiceseeker »

You can read what the judge has said, for the second time, the facts of this case are in the public domain.
David is innocent, his lawyer has said in his 37 years it's the closest he has seen an employment judge effectively say on the basis of the facts established in the case that an employee is innocent, and that he has rarely come across a case where he so passionately believes that a real wrong has been committed.
The evidence was an utter and complete mess!
The CWU have backed Dave, and his Cupar colleagues who firmly believe in his innocence.
Facebook video of the strike has had over 50k views.

Fact, if you are accused of something you didn't do, you can be fired and employment law can' t help you get your job, security and dignity back.
Dave has lost his job, his pay, his shares and the most critical years of his pension.
The judges hand were tied, by the politicians who make the rules on what the law can offer.
You have to get behind this guy and support what he is doing because next time it could be you!
NWpostie
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Re: Postie Dave accepts Royal Mail payout

Post by NWpostie »

Hope the Cupar staff continue to work to rule to prevent them from thinking of doing this to anyone else, refuse all overtime, cut off, use official tools of the job, make the managers do the deliveries.
Six of Nine loves Seven of Nine, together in Electric Dreams.
Justiceseeker
Posts: 65
Joined: 30 Sep 2015, 19:02
Gender: Female

Re: Postie Dave accepts Royal Mail payout

Post by Justiceseeker »

Could you change the header of this post as he didn't accept the RM pay out - he had no alternative under employment law. You could maybe attract more views as this header makes it look as if he was happy to take their money. He wasn't. He'd give it back (minus due wages etc) if he got reinstated.
aiden01
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Re: Postie Dave accepts Royal Mail payout

Post by aiden01 »

Justiceseeker wrote:Could you change the header of this post as he didn't accept the RM pay out - he had no alternative under employment law. You could maybe attract more views as this header makes it look as if he was happy to take their money. He wasn't. He'd give it back (minus due wages etc) if he got reinstated.
474 views not bad for a an article in news section
Justiceseeker
Posts: 65
Joined: 30 Sep 2015, 19:02
Gender: Female

Re: Postie Dave Reluctantly accepts Royal Mail payout

Post by Justiceseeker »

Liking the new header.

Facebook video of strike in Cupar has had 52,000 views and still rising.

People need to know what an employer can get away with in Employment Law, the judge said there was no reason for Royal Mail not to reinstate Dave, even after the second hearing. But a gutless employer who is too weak to admit their managers got it badly wrong can exploit a 'gap' in employment law and simply ignore the judge's ruling and pay out not even 3 years wages as some sort of pathetic compensation. After tax and the lawyer fees to have got the fruitless tribunal decision there won't be much left for Dave.

Why? And how much money will have been spent on the whole case and the strike day?

There should be as many views of this case as we can get out there.
Phantom
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Re: Postie Dave Reluctantly accepts Royal Mail payout

Post by Phantom »

We are ALL open to this kind of abuse, we should have had a national strike over this.
CUT OFF!!!
bandit1157
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Re: Postie Dave Reluctantly accepts Royal Mail payout

Post by bandit1157 »

Phantom wrote:We are ALL open to this kind of abuse, we should have had a national strike over this.
What he said.
It's life Jim but not as we know it