Further to the press release from RMT published today, this response in from Wightlink, in their own words. Ed
Wightlink are disappointed see the content of the RMT press release which contains a number of inaccuracies.
Firstly it is important to point out that in all matters relating to this disciplinary the Company has been committed to following the correct procedure in order to ensure that the outcome of the hearing and the appeal have not been prejudiced by other influences.
All evidence provided to employee
The employee who was subject to disciplinary proceedings was provided with a full copy of all evidence before the disciplinary meeting, and the only new evidence that was considered at the appeal meeting was provided by the employee and not the company.
Throughout the whole process the individual concerned maintained that he had not touched the mezzanine deck as it was being raised, but the RMT statement now confirms that he “had his hands placed on the edge of the upper deck.”
Inaccuracies a common theme
Wightlink were disappointed but not surprised by this inaccuracy/change in the story as this has been a common theme relating to the evidence present throughout the disciplinary process.
Wightlink were disappointed that the RMT trade union sought to interfere with the decision making process through the threat of industrial action and was surprised to receive an Employment Tribunal claim before the internal process had been completed.
Appeal Officer upheld decision
The Appeal Hearing Officer has heard the appeal and has upheld the original decision to dismiss the employee for gross misconduct.
The charge related to a serious breach of health and safety involving the employee hanging on to the mezzanine deck whilst it was being lifted.
The incident occurred in broad daylight and potentially in view of customers and was considered by both the Hearing Officer and the Appeal Hearing Officer to be a serious breach of Health & Safety regulations warranting dismissal for gross misconduct, especially bearing in mind the employee’s position sailing as a Chief Engineer.
A secondary charge relating to wearing of PPE was also considered and would have warranted disciplinary action short of dismissal if considered in isolation.
Safety is crucial
Wightlink must stress that safety is crucial to our business, our customers and our employees, and cannot be compromised. The fact that the employee is an RMT representative was not considered as part of either the original hearing, or the appeal.
Currently a ballot for strike action by RMT members is pending, and the company trust that the outcome of that ballot will show that RMT members support the view, that serious breaches of Health & Safety cannot be tolerated, by rejecting any industrial action in respect of this matter.
