Personnel (Appeals & Applied Conditions of Service) Sub-Committee

Monday 5 March 2007 at 10 am

Present:  Councillors McCormick (P), Forbes (for Nimmo), Snoddy and Stewart.

Chair:  Councillor Stewart presided.

In attendance:  Mr H McNeilly (for Head of Legal & Administration) and Head of Organisational Development & Human Resources.

Apologies:  Councillors McCabe, Moran and Nimmo.

The following paragraphs are submitted for information only having been dealt with under the powers delegated to the Sub-Committee.

It was agreed in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 as amended, that the public and press be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7(A) of the Act.

196

Appeal Against Dismissal:  Employee in Housing Services

196

The Sub-Committee resumed consideration of an appeal against dismissal on behalf of an employee in Housing Services which had been adjourned from the meeting held on 27 February 2007 to allow for further clarification of an issue relating to the Working Time Regulations.

The Sub-Committee adjourned at 10.35 am and reconvened at 11.20 am.

The Sub-Committee decided that the grounds of the appeal had not been substantiated and that the appeal be not upheld, all as detailed in the Appendix.

The Sub-Committee adjourned at 12.05 pm and reconvened at 12.25 pm.

197

Appeals Against Dismissal: 6 Employees in Housing Services

197

The Head of Organisational Development & Human Resources advised that he, in consultation with the Managing Solicitor (Litigation/Advice), had agreed with Mr Munro (T&GW), the representative of 6 of the remaining 7 appellants, that as the grounds of the remaining appeals were identical to that already heard, there was no requirement to hold further individual hearings for these appeals. Accordingly, with the consent of Mr Munro on behalf of the appellants, the decision of the Sub-Committee in respect of the previous appeal would apply also to 6 of the 7 remaining appeals.

It was agreed that the grounds of the appeals had not been substantiated and that the appeals be not upheld, all as detailed in the Appendix.

198

Appeal Against Dismissal: Employee in Housing Services

198

The Sub-Committee considered an appeal against dismissal on behalf of an employee in Housing Services and decided that the grounds of the appeal had not been substantiated and that the appeal be not upheld, all as detailed in the Appendix.