Cupar posties to strike again in support of sacked colleague

[POSTMAN]

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Cupar posties will take a second bout of strike action next week in support of a sacked colleague.

Furious staff at the town’s delivery office hope to force Royal Mail to an employment tribunal over the case of former postman David Mitchell, who was accused of theft and sacked after 27 years of service.

Mr Mitchell has still not been given his job back despite winning an unfair dismissal tribunal in September and being awarded £57,000 in compensation and lost earnings.

Judge Ian McFatridge has twice ordered Royal Mail to reinstate Mr Mitchell, 57, of Chance Inn, stating there were no reasonable grounds for the firm’s belief he had stolen mail.

Next week’s 24-hour strike, starting at 8.30am on Monday, could spread to other offices within the branch and other branches in Scotland.

It follows a similar walk-out just before Christmas after a ballot by the Communications Workers Union (CWU) found 97% of members in favour of the industrial action.

The union warned then that it could be the first in a number of walk-outs.

CWU assistant secretary Ray Ellis said Mr Mitchell’s former colleagues felt they had no option but to take action.

“At the tribunal, the judge ruled that the dismissal was unfair and the primary remedy contained in the legislation is reinstatement,” he said.

Mr Ellis added that the judge had strongly criticised the dismissing manager for a failure to properly investigate the allegation against Mr Mitchell and that the company’s investigation had fallen “very far short of that which a reasonable employer would have carried out”.

The tribunal heard that despite a search of his delivery van, his own personal car, his house and his person by company investigators after items of mail were reported missing on his round, no trace was found of anything.

“It was an extremely serious allegation, accusing him of theft with no evidence whatsoever,” Mr Ellis said.

“As well as the court, the Scottish prosecution service also ruled that there was insufficient evidence to back up the charge.”

Local CWU branch secretary Kenny Logan said he was extremely concerned by Royal Mail’s failure to follow the judge’s recommendations that Mr Mitchell be reinstated.

“I’m also concerned for our members in the future regarding tribunals and the ability of the business conducting future conduct cases,” he said.

“I would like to thank all members within Cupar for showing solidarity and support with regard to this serious issue.

“We’re determined to win reinstatement for David.

“If this doesn’t happen, this could escalate to a branch-wide dispute.”

A spokesperson for Royal Mail has previously said it would be inappropriate for Mr Mitchell to return to work with them.

She said: “We take the security of mail extremely seriously and investigate all complaints of tampered or stolen mail raised with us.

“Our customers expect Royal Mail to do everything in its power to protect the mail we are entrusted to deliver.

“Royal Mail has a zero tolerance approach to dishonesty and all employees are aware of this.”

[PHARRY]

“Royal Mail has a zero tolerance approach to dishonesty and all employees are aware of this.”

Royal Mail don't want him back accept it ok. 57000 is nothing to be sniffed at

[TrueBlueTerrier]

No

[PHARRY]

No

YES £57000 nice

[TrueBlueTerrier]

No

YES £57000 nice

3 years pay against the loss of 7 years pay and pension payments and the fact that at 57 it's going to be difficult for him to gain any employment. He accepted the money reluctantly because he had done everything possible to get his job back and if he had refused he would have had nothing. He has already stated publicly that he is willing to pay it all back if RM took him back.

He's done everything he can, his colleagues are striking for his re-instatement, his branch may extend the strike beyond Cupar and if asked I would strike on principle.

[daveyeff]

apart from his age being a hindrance for getting another job, royal mail have blackened his name by accusing him of theft. he will find it very difficult finding gainful employment elsewhere. besides, he has done NO wrong.

[Justiceseeker]

“Royal Mail has a zero tolerance approach to dishonesty and all employees are aware of this.”

WE have a zero tolerance approach to dishonesty and ROYAL MAIL need to be aware of this.
They LIED through their teeth, they were completely IGNORANT of the facts and the courtroom LAUGHED at them. Yes, the courtroom was full.
They have been shown to be wrong. They are the criminals.

Dave DID NOT ACCEPT the money - the judge ordered it. He has said he will give it back minus the lost pay if he gets his job back.

[bustedflush]

Royal Mail don't want him back accept it ok. 57000 is nothing to be sniffed at

Clearly you know the price of everything and the value of ****-all.

[IloveMYredTROLLEY!]

“Royal Mail has a zero tolerance approach to dishonesty and all employees are aware of this.”

So if that is the case, where is the news about those involved in effectively stitching up David Mitchell, being given their P45?

[daveyeff]

absolutely spot on.