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Meeting: 02/03/2022 - Appeals Sub Committee (Item 1)

Appeal 22/01

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Minutes:

The Sub Committee had before it the papers circulated relative to the appeal against the decision of Aberdeen City Council to demote and provide a final written warning to the Appellant identified in the Register of Appeals as appeal 22-01. The Sub Committee considered the appeal in accordance with procedure.

 

The Sub Committee heard submissions on behalf of both parties.  Two witnesses were called on behalf of the appellant and the Sub Committee heard from Management. Members questioned the Management Representative, the Appellant and her two witnesses on the evidence given.  Both parties then made a closing statement.

 

The Sub Committee resolved:

that on the basis of the evidence, that the demotion and the final written warning was not reasonable in all of the circumstances and on that basis decided to uphold the appeal to the extent of overturning the decision to demote the appellant thereby re-instating her to the post previously held prior to demotion and varying the final written warning to a written warning in accordance with the Council’s Managing Discipline Policy and Procedure.

- COUNCILLOR YVONNE ALLAN, Convener

 

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Meeting: 26/01/2022 - Appeals Sub Committee (Item 1)

Appeal 21/02

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Minutes:

The Sub Committee had before it the papers circulated relative to the appeal against the decision of Aberdeen City Council to dismiss the Appellant identified in the Register of Appeals as appeal 21-02. The Sub Committee considered the appeal in accordance with procedure.

 

The Sub Committee heard submissions on behalf of both parties.  Members questioned the Management Representative and the Appellant on the evidence given.  Both parties then made a closing statement.

 

The meeting was then adjourned to allow the Sub Committee to deliberate in private. Thereafter the hearing was re-convened to allow the parties to hear the Sub Committee’s decision.

 

The Convener moved, seconded by Councillor Duncan:-

that the Committee, on the basis of the evidence, should dismiss the appeal on the grounds that it was satisfied that Management had acted fairly and reasonably in this matter and consequently that the decision to dismiss the Appellant on grounds of gross misconduct should be upheld.

 

Councillor Reynolds moved as an amendment, seconded by Councillor Cameron:-

that on the basis of the evidence, that the appeal be upheld and that the appellant be reinstated but demoted to a lower rank position within the education environment. 

 

On a division, there voted:- for the motion (2) – the Convener and Councillor Duncan - for the amendment (2) – Councillors Cameron and Reynolds.

 

There being an equality of votes, in terms of Standing Order 32.7, the Convener exercised her casting vote in favour of the motion.

 

The Sub Committee resolved:

to adopt the motion

 - COUNCILLOR SANDRA MACDONALD, Convener

 

Meeting: 29/10/2021 - Appeals Sub Committee (Item 1)

Appeal 21/01

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Minutes:

The Sub Committee had before it the papers circulated relative to the appeal against the decision of Aberdeen City Council to dismiss the Appellant identified in the Register of Appeals as appeal 21-01. The Sub Committee considered the appeal in accordance with procedure.

 

The Sub Committee heard submissions on behalf of both parties.  One witness was called on behalf of Management and the Sub Committee heard from the Appellant, as well as his companion. Members questioned Management’s witness, the Management Representative and the Appellant on the evidence given.  Both parties then made a closing statement.

 

The meeting was then adjourned to allow the Sub Committee to deliberate in private. Thereafter the hearing was re-convened to allow the parties to hear the Sub Committee’s decision.

 

The Convener moved, seconded by Councillor Macdonald:-

that the Committee, on the basis of the evidence, agree to dismiss the appeal on the grounds that it was satisfied that Management had acted fairly and reasonably in this matter and consequently that the decision to dismiss the Appellant on the grounds of gross misconduct should be upheld.

 

Councillor Copland moved as an amendment, seconded by Councillor Al-Samarai:-

that on the basis of the evidence, that the dismissal was not reasonable in all of the circumstances due to extenuating circumstances and on that basis, the appeal should be upheld, re-instate the appellant and substitute a final written warning in accordance with the Council’s Managing Discipline Policy and Procedure.

 

On a division, there voted:- for the motion (2) – the Convener and Councillor Macdonald - for the amendment (3) – Councillors Al-Samarai, Cameron and Copland.

 

The Sub Committee resolved:

to adopt the amendment.

 - COUNCILLOR YVONNE ALLAN, Convener

 

Meeting: 20/09/2021 - Appeals Sub Committee (Item 3.)

Appeal 21/01

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Meeting: 16/12/2020 - Appeals Sub Committee (Item 3.)

Appeal 20/02

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