Unfairly sacked:
but Tribunal "no"
to reinstatement
BOB Cullen, who was sacked from the Austin Rover Group Cowley Assembly Plant in November last year, had been "unfairly dimissed". That was the decision following a five hearing at the Reading Industrial Tribunal. By a unanimous decision, however, the Tribunal refused to give an order for reinstatement or even a recommendation to that effect. They made this decision on the basis that they regarded Bob Cullen responsible for his own dismissal on the grounds that, although innocent of all allegations against him, he had failed to identify to management who the guilty party actually was.
This must rank as one of the most decisions taken by a Tribunal since the system was set up. It is outrageous even within the terms of Tribunais, which are so heavily loaded in favour of the employer that favour of the
Bob Cullen's innocence had never been difficult to prove. He had been accused of damaging the windscreen on a car driven by a foreman who was entering the plant through a picket line on Sunday Oc-
1984. Nothing was said to him at the time, but four weeks later he was taken in front of management
"gross industrial misconduct"
Even the management side of the
Bob Cullen.
emerged that the foreman concerned had not known Bob Cullen at the time and was not at first able to identify him. He later made the identification after the name had been suggested to him by a manager on the basis of his
He had told the manager that the person involved was balding with a beard. The manager said "That must be Bob Cullen." After that management clung to that identitication, since Bob Cullen was in any case Socialiat Viewpoint, No. 7, September 1985, Page 12
By BILL PETERS targetted by them as a militant shop steward, who had led a number of strikes over recent years.
The whole thing descended into farce as it emerged that Bob Cullen was in fact on a different gate of the plant that morning - gate 10 - and had not at any time been on gate 16 where the incident occurred; that it morning and therefore dark; that it was raining at the time; that the foreman concerned had only one eye and that the person that did wiper arm also had a balding head and a beard.
It also emerged that there had been a serious abuse of the procedure agreement. After doing nothing for a month the whole procedure was forced through in three days. The trade union side had no time to prepare a case before the sacking took place. All decisions were predetermined from above and no witnesses in Bob Cullen's favour were allowed.
against Bob Cullen, the Chair of the Tribunal called the two sides together and presented them with what he called
'an interim judgement". He said that would find that Bob Cullen had in unfairly dismissed and would recommend reinstatement, but at this stage make a reinstatement order. On the basis of this he asked the two sides to try to reach an out of court settlement.
ARG offered 18,000 but would not consider reinstatement. Bob Cullen rejected it, since he wanted reinstatement and not a cash settlement and the only chance of this was a reinstatement order issued by the
Tribunal.
When the Tribunal reopened for the Trade Union side to put their case it became even mre clear that Bob
Cullen was simply being framed by brought to show that Bob Cullen had management. Witnesses were