Justice at last for Shaun

An Isle of Man airport worker, unfairly dismissed from his job, has been unanimously vindicated by an employment tribunal – more than two years after his death.

Unite hailed the decision in favour of Shaun McGee, who died in March 2014 at the age of 51, as a very welcome recognition that his good character has been restored, albeit posthumously.

Unite member Shaun McGee had been employed at the airport for seven years and had a very good work record. But his ordeal began in December 2012 when he was dismissed from his job as an apron hand at the airport on grounds of capability.

That month, he had had been convicted of a minor offence of criminal damage arising from a neighbour dispute and a small fine was imposed. The employer firstly suspended and then dismissed Shaun because he required an airport pass for his work and the criminal damage conviction meant that a pass could only be issued if the conviction was disregarded.

But then the head of the Isle of Man infrastructure department, Ian Thompson, agreed to issue a certificate of disregard in relation to the conviction and this was presented by Shaun to his employer through the airport manager, Ann Reynolds.

But Reynolds decided she would not accept the certificate and Shaun’s job was terminated. He left the airport’s employment in February 2013. He pursued a complaint of unfair dismissal – but he died in early 2014.

His case was taken up by Unite and the tribunal concluded unanimously Shaun had done nothing wrong and in no way did he cause or contribute to his dismissal, and that he was unfairly dismissed.

“We are delighted that justice has been done at last, even though sadly it was posthumously for Shaun and the family he left behind – his last months marred by an unfair and ill-balanced decision by his employer,” said Unite regional officer Eric Holmes.

“We are jubilant, however, that his character has now been restored as being that of a ‘good and proper person’.”

‘Scant regard’

Holmes believed, “Shaun was unfortunate to have been the subject of an unfair and un-appealable decision by his director Ann Reynolds, who showed scant regard to the fact that his colleagues and other senior management within the airport’s structure supported him and would have welcomed him back.

“Sadly both she and the minister in charge at the time, David Cretney, chose to ignore all these facts and both stood by her sole and unreasonable opinion that Shaun was untrustworthy.”

The claim was defended by the Isle of Man’s department of infrastructure. The case raised a number of technical issues, but on May 13 the tribunal panel issued a unanimous decision finding that Shaun had been unfairly dismissed.

The tribunal concluded that he should never have been.

The tribunal statement said, “He had a very good work record and those who worked with him, including supervisors, would have been very happy for him to return to work. He had a reputation for honesty and his character was such that he was known as someone involved in raising funds for charity.

“Unfortunately Mrs Reynolds did not take this information into account and she did not appear to understand the procedure for considering this type of very minor conviction.”

Holmes, clearly pleased with the outcome added, “The employment tribunal at Douglas decided that Mrs Reynolds was wrong in her actions and that Shaun was unfairly dismissed from a job he would, no doubt, have continued in up to his retirement.

“Unfortunately, he passed away and lost the opportunity to clear his name and fight the decision to dismiss him.

“But as a member of Unite who had already engaged in the process of an appeal for unfair dismissal, both he and his family continued to be covered and protected, despite him being deceased.

“For the memory of Shaun McGee, justice has prevailed.”

A remedy hearing has now been scheduled for July 1 to consider the level of compensation that should be awarded in this case.

 

Unite legal services

Acting for over 20,000 members a year and recovered over £160m in damages last year, Unite legal services  provides support to members in respect of all types of employment tribunal claims.

The service has taken the most high profile of employment cases over the last 12 months, and secured legal victories in significant claims for the benefit of members.

Unite legal services recently won the holiday pay case allowing workers to receive their normal pay in their times of rest, this win alone was worth tens of millions in compensation for Unite members. And Unite legal services guarantees that members always receive 100 per cent of their damages.

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