Ms Deering accepted the man’s evidence that he worked seven days from 10am to 10pm Monday to Saturday and from 1pm to 10pm on Sundays.
A garage worker who worked every day except Christmas Day for 51 years was dismissed without notice by his employer at a ‘three minute’ meeting where he was questioned about alleged stealing.
Ms Deering said that it was common case that the employee did not take annual leave and that he worked 364 days of the year. Ms Deering found that the total hours worked by the complainant per week - less breaks - were 68 hours. The man told the hearing that he worked seven days a week, 364 days of the year and his only day off was Christmas Day.
Employers, Mrs K and her husband took over the business in 2005. The business was previously owned by her father-in-law. Mrs K stated that there was no record of the sale of coal and CCTV footage showed the complainant putting the cash in his pocket and that the complainant had done the same thing one hour previously in relation to another cash payment for coal.
He claims that he was told that that 44,200 litres of gas was missing, to which he replied there must be a leak.
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