Appeal 23/03
Additional documents:
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 23/03. The Sub Committee considered the appeal in accordance with the procedure.
The Sub Committee heard submissions on behalf of both parties. Two witnesses were called on behalf of Management and the Sub Committee heard from the Appellant, as well as her witness. Members questioned Management’s witnesses, the Management Representative and the Appellant and her witness 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 Sub Committee resolved:
to 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 grounds of gross misconduct should be upheld.
. - COUNCILLOR NEIL COPLAND, CONVENER
Appeal 22/03
Additional documents:
Minutes:
The Sub Committee had before it the papers circulated relative to the appeal against the decision of Aberdeen City Council to terminate employment with Aberdeen City Council on the grounds of lack of capability due to ill health on the grounds identified in the Register of Appeals as appeal 22-03. The Sub Committee considered the appeal in accordance with procedure.
The Sub Committee heard submissions from the Management representative and their two witnesses, following which Members and the Appellant asked questions of the Management representative and their witnesses on the evidence given.
At this juncture, the Sub Committee adjourned for the day and reconvened on Friday 17 February 2023.
Upon reconvening, the Sub Committee then heard submissions from the Appellant and their Trade Union representative. Members and Management then questioned the Appellant on the evidence given.
Both parties then made a closing statement.
The Sub Committee resolved:
on the basis of the evidence, to unanimously reject the appeal, in accordance with the Council’s Supporting Attendance and Wellbeing Policy.
- COUNCILLOR NEIL COPLAND, Convener.<TRAILER_SECTION>
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Appeal 22/02
Additional documents:
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 22-02. 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 Management and the Sub Committee also heard from the Appellant and their Trade Union representative. Members questioned the Management Representative, their two witnesses and the Appellant on the evidence given. Both parties then made a closing statement.
The Sub Committee resolved:
(i) on the basis of the evidence, to unanimously uphold the appeal to the extent of overturning the decision to dismiss the Appellant, thereby reinstating them to their post, and varying the dismissal to a final written warning, to remain in place for twelve months of work from 19 April 2022, in accordance with the Council’s Managing Discipline Policy and Procedure; and
(ii) to instruct that a further Occupational Health referral be made and an appropriate support plan be put in place.
- COUNCILLOR YVONNE ALLAN, Convener