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Solihull News: Dismissal case won; TRIBUNAL: Worker was sworn at by boss.

Byline: By Peter Swingler

A PENSIONER who believed he had been fired after his boss swore at him has been awarded nearly pounds 3,000 for wrongful dismissal.

A tribunal heard Alan Davis's boss used a four-letter word in telling him to leave Hockley-based machinery firm Rotagrip Ltd after the 67-year-old had a row with a supervisor. Mr Davis, from Solihull, said he believed this meant he had been sacked. He said he had previously planned to go home and wait for an apology. But he said he did not return to his job as a pounds 345-a-week sales manager and had been unable to find another job because prospective employers told him he was too old.

But Ian Cooper, Rotagrip's managing director, denied Mr Davis had been sacked and said he resigned.

"We were fed up with your attitude," Mr Cooper told Mr Davis. "You were not paid to read the newspaper and do crosswords and sometimes you nodded off."

The tribunal heard Mr Davis was involved in conflict with a woman supervisor over the placing of machine parts on a table.

He said he tipped the parts onto the floor and after an argument with the woman his boss walked in and following another clash, a four-letter word was allegedly used in telling him to leave.

The tribunal decided Mr Davis had been wrongfully dismissed and awarded him pounds 2,756, the equivalent of 12 weeks' pay. Panel chairman Peter Rose said the pensioner's claim for unfair dismissal had been changed to wrongful dismissal under a legal technicality because he was over 65. He said the four-letter word used to tell him to leave influenced the tribunal in agreeing on a wrongful dismissal.
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Publication:Birmingham Mail (England)
Date:Aug 3, 2006
Words:285
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