07 August 2009
Worker wins unfair dismissal claim
A woman recently proved successful in her claims of unfair dismissal and breach of contract.
Marion Kinley, the former office manager for West Lothian MP Jim Devine, made the accusations during a recent tribunal.
Employment judge Ian McFatridge issued a default judgement in her favour and a further hearing will decide how much compensation she will receive.
The judge said in a written judgement that a copy of the claim form which sets out Ms Kinley's complaint against Mr Devine was sent out in May this year and he presented a response.
However, the secretary of the employment tribunals was unable to accept the response as it failed to comply with the rules, which specify that an employer's response should be presented using a specific form.
Mr Devine is seeking a review of the decision not to accept his response.
Meanwhile, Ms Kinley refused to comment while the legal action remains ongoing.
There are a number of ways in which a dismissal can be deemed unfair, including if an employer does not have a fair reason or if they fail to follow the correct procedure.