The judgement has been issued for the Employment Tribunal held last month against Carmarthenshire Council for unfair dismissal. The claimant, Mr Eirian Morris, whistleblower and former manager of the ski centre at Pembrey Country Park won his case for unfair dismissal.
Those who have followed this, and the wider scandal, will be aware that part of Mr Morris's case was that it was his whistleblowing disclosures which led, after 27 years exemplary service, to him losing his job. The Tribunal did not find that this was proven but did find that the whole restructuring procedure which left Mr Morris in a 'pool of one' for redundancy was flawed, or shall we say, foggy, and that the evidence that he was eminently qualified for a new, similar post was mysteriously misrepresented.
In this case, the wider background, much of which is on this blog, and the fact that one of the main perpetrators of alleged criminal impropriety was allowed to resign, despite being under disciplinary procedures, whilst Mr Morris found himself out on his ear, speaks volumes about the council's treatment of whistleblowers.
MP Nia Griffith gave a strong reaction earlier in the week which can be read here.
In a completely separate case referred to in the Unison press release below, Mr David Lewis described the council's behaviour as "awkward and obstructive" and that he was made to feel "segregated and bullied". Shameful.
It remains to be seen just how much money was lost to the authority during the lengthy period of mismanagement at the Pembrey and Millenium Coastal Parks, and just how far up the pecking order the knowledge of events went. I know what I think.
Unison press release;
Those who have followed this, and the wider scandal, will be aware that part of Mr Morris's case was that it was his whistleblowing disclosures which led, after 27 years exemplary service, to him losing his job. The Tribunal did not find that this was proven but did find that the whole restructuring procedure which left Mr Morris in a 'pool of one' for redundancy was flawed, or shall we say, foggy, and that the evidence that he was eminently qualified for a new, similar post was mysteriously misrepresented.
In this case, the wider background, much of which is on this blog, and the fact that one of the main perpetrators of alleged criminal impropriety was allowed to resign, despite being under disciplinary procedures, whilst Mr Morris found himself out on his ear, speaks volumes about the council's treatment of whistleblowers.
MP Nia Griffith gave a strong reaction earlier in the week which can be read here.
In a completely separate case referred to in the Unison press release below, Mr David Lewis described the council's behaviour as "awkward and obstructive" and that he was made to feel "segregated and bullied". Shameful.
It remains to be seen just how much money was lost to the authority during the lengthy period of mismanagement at the Pembrey and Millenium Coastal Parks, and just how far up the pecking order the knowledge of events went. I know what I think.
Organisational Management Structure, Carmarthenshire County Council |
Unison press release;
COUNCIL TO PAY THOUSANDS TO UNFAIRLY SACKED WORKER
An employment tribunal has forced Carmarthenshire County Council to pay tens of thousands of pounds in compensation after concluding it unfairly dismissed an employee working at Pembrey Country Park. Ski centre co-ordinator Eirian Morris was found to have been unlawfully treated when he was made redundant and supported by his trade union, Unison and law firm Thompsons, he has received the maximum permitted payout.
After the second five-figure payout to an employee for unlawful treatment in two years, Unison has condemned the council’s employment practices as woeful. The trade union lambasted executives for having spent public money on unwinnable cases and said it should instead concentrate on improving how it supports staff.
The employment tribunal ruled the council’s approach to Mr Morris’s redundancy was “not satisfactory”; that it “did not act reasonably” by failing to advise him of alternative positions and that it deprived Mr Morris of any opportunity to challenge the criteria on which the redundancy was based.
Eirian Morris said,
“Carmarthenshire County Council turned my life upside down and put me through hell. I suffered a horrible period of stress and depression as a result. An independent tribunal has recognised that the authority behaved unreasonably and ruled a significant award should be paid as recompense. I knew I was right all along and belonging to Unison allowed me to take on the council and win. The truth is though, if executives had acted in the proper way this whole process could have been avoided and I might still have a job.”
Mark Evans, Unison branch secretary said,
“This is the second five-figure payout we have won from the council in two years. The unlawful treatment our members suffered significantly impacted on them and their families. I question why public money is being spent defending the indefensible. The council needs to use its time and resources looking at improving employment practices, rather than spending thousands of pounds employing lawyers.
“This is a timely reminder why everyone should be a member of a trade union. Without Unison's legal support, Carmarthenshire County Council's unlawful practices would have gone unchallenged.”
Just last year, Carmarthenshire council was forced to pay thousands of pounds to refuse collector David Lewis after failing in its duty of care to find him suitable alternative employment when he beat skin cancer with surgery.
The council has also been censured by the Wales Audit Office. It concluded in 2014, that the local authority acted unlawfully by letting the chief executive opt out of a pension scheme to avoid potential tax payments.
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