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Witham (Essex)

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Print

Tuesday, 22 January 2008

Harlow Council forced to make huge payout for unfair dismissal

Construction union UCATT has won an unfair dismissal case on behalf one of its members, who was unfairly dismissed by Harlow Council.

Mr Steven O’Mahony was originally employed as a general building operative by Harlow Council via the employment agency APS Recruitment Ltd. By May 2006, when he was dismissed, he had become a direct employee of the council.

Despite losing an initial employment tribunal in November 2006 and being instructed to reinstate Mr O’Mahony, the council refused to follow the tribunal’s direction.

At a further employment tribunal held in November 2007, the tribunal again found against the council, judged their actions to have been “cavalier” and ordered them to pay Mr O’Mahony £66,821.

The high total included an award to Mr O’Mahony for unfair dismissal, lost earning and also for the failure to reinstate described as a “deliberate and contumelious act”.

Brian Rye, UCATT eastern region, regional secretary, said: “UCATT officials had gone to great lengths to persuade council officers that this dismissal was wrong, the decision of council officers to ignore that advice and the rulings of the Employment Tribunal has cost Harlow Council Taxpayers dearly.

He added: “UCATT is delighted for the justice achieved for our member.”