Cllr Wales had contacted the Employment Tribunal only hours before the start of the scheduled hearing requesting a deferment on the grounds that Cllr Neads was unable to attend for business reasons namely that a non domestic client of his was flying into the UK to discuss his tax affairs with Cllr Neads. The Tribunal had refused the application for an adjournment and the Tribunal commenced as arranged. Both Cllr Wales and Cllr Neads failed to attend the hearing and the barrister for Mrs Davies asked for the scheduled case to go ahead in their absence, arguing that Cllr Neads was aware many months ago of the scheduled hearing date and therefore should have arranged his other business interests to accommodate the tribunal hearing. Mrs Davies' barrister also stated that as Cllr Wales had signed the ET3 document and had given no reason for his non attendance at the tribunal the matter should go ahead especially as he was the only witness for Manorbier Community Council. The barrister said Cllr Wales had failed to attend the Tribunal or even to explain his absence. The employment Tribunal chairperson felt that in the circumstances the court had no alternative than to adjourn the hearing to a later date as the Council was not legally represented and ordered that documentary evidence would have to be provided by Cllr Neads to support his non attendance when the case next comes before the Tribunal. Website Comments One could be cynical and suggest that this case was being delayed by Cllr Wales and Cllr Neads until after the election on 1st May 2008 for obvious reasons. The sad fact that this case has been allowed to proceed without the knowledge of other councillors on Manorbier Community Council is bad enough but the delaying tactics of both Cllr Wales and Cllr Neads is going to have greater financial implications for Manorbier taxpayers. If there is anyone in the community who feels that they have any information that could assist this website in negating the financial implications that have been caused by Cllr Neads and Cllr Wales by delaying this case please e-mail the website. ( The address is given below ) The longer the case takes to conclude the greater the financial cost to Manorbier. The stress on Mrs Davies will be greater also, which in this website's opinion is a preventable result of the delaying tactics by those who represent Manorbier Community Council at the Tribunal. To contribute contact Manorbier.com ------------------------------oooOooo------------------------------ Employment Tribunal over the dismissal of Mrs Pamela Davies the Manorbier Community Council Clerk by Chairman Tony Wales comes to fruition at the Employment Tribunal in Cardiff on 21st, 22nd and 23rd April 2008 For over two years a Staffing Committee of Manorbier Community Council under the chairmanship of Councillor Wales with Cllr Neads and Cllr Coleman being its other members has been meeting in secret without reporting back to the full council on its deliberations. The council was being represented by Lowless and Lowless before being dismissed by the committee as Cllr Wales felt that Cllr Neads a Tax Consultant was a more competent person to represent the council. Mrs Davies was dismissed by Manorbier Community Council after Cllr Wales had conducted an inquiry into her role and assured other Councillors that she could be dismissed for many reasons. He assured the councillors that he had consulted One Voice Wales who had been fully informed of the reasons for her dismissal and they had advised him that she could be dismissed without any repercussions on him personally or the council. When questioned by several other councillors over this advise he informed them that One Voice Wales would be providing him with the advice in writing. Although asked several times at meetings of the council for a copy of the advice it has not been supplied by Cllr Wales but he has assured councillors that he had received the advice in writing. This initial distress of her dismissal must have been compounded by the length of time for this matter to come before the Employment Tribunal one can only assume by the procrastination and the delaying tactics of Cllr Wales, Neads and Coleman. The final day of reckoning on the actions of these councillors is upon us and one wonders at the motives of their actions. Originally it was stated that the cost to the council would be no more than £750. When questioned by Cllr Calver at a full council meeting over the cost of the ongoing case Cllr Wales admitted that the legal advise from Lowless and Lowless has already cost the council £2,000 and at the precept meeting this year, February 2008, Cllr Wales confidently predicted the council would win the case and the total cost to Manorbier Community Council charge payers including the money already paid out to solicitors would be no more than £3,000 which included any payment to the clerk for lost earnings. The final episode in this saga is listed for a three day hearing starting on Monday 21st April 2008 at the Employment Tribunal Offices at Caradog House, 1 - 6 St. Andrews Place, Cardiff. Website Comment This initial distress of her dismissal must have been compounded by the length of time for this matter to finally come before the Employment Tribunal one can only assume by the procrastination and the delaying tactics of Cllr Wales, Neads and Coleman. At the pre-trial hearing held in Carmarthen Cllr Wales and Cllr Neads were advised by the pre-trial hearing Chairman that he felt that Manorbier Community Council should be legally represented. This has never been reported by Cllr Wales to the Manorbier Community Council. In a case which could possibly be of great cost to the Manorbier Community charge payers one can only assume that the advice given by that chairman has been taken on board by Cllr Wales. The legal advice given by Lowless and Lowless on the merits of the case has also never been presented to Manorbier Community Council by Cllr Wales. As other councillors are unaware of that fact the only way they can find anything about this case is to turn up at the hearing in Cardiff on the 21st April. This episode in life of Manorbier Community Council which has been led and advised by Councillor Wales as its Chairman will surely not end in them making any more excuses such as trying to delay matters further by not turning up at the employment tribunal. A report on the Employment Tribunal hearing will appear on this website in due course. |
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EMPLOYMENT TRIBUNAL by the Manorbier Community Council Clerk for unfair
dismissal commenced at a Pre Hearing Review held in Carmarthen on 27th June 2007.
The pre hearing review is a method by which the Employment Tribunal uses to determine if a claim has any merits. The chairman determines whether the claim is of a spurious nature and therefore not likely to succeed at a full hearing. The options open to the chairman being to strike out the claim by the Clerk entirely, demand a ( financial contribution ) typically a deposit of £500 from the Clerk if he thought the claim unlikely to succeed or to allow the claim to proceed to a full tribunal. The chairman after a short deliberation considered the case as having merit and directed that it be forwarded to a full tribunal located in either Cardiff or Carmarthen and be scheduled for a two to three day hearing. Mrs Marshall representing Mrs Davies outlined the basis of the claim under three main headings. 1. Whistle blowing to the police by the Clerk over the ill fated village appraisal. 2. Unfair dismissal ( failure of Manorbier Community Council to carry out recognised employment procedures ). 3. Refusal of Manorbier Community Council to pay outstanding wages which was considered by the hearing chairman to be a breach of contract. Mrs Marshall was forthright in her presentation to the hearing and fully focused on the purpose of the pre hearing review. Cllr Neads under the direction of Cllr Wales responded for the staffing committee of the Manorbier Community Council. (At a previous council meeting Cllr Neads had indicated that he could do a better job than the solicitors and subsequently to Cllr Neads volunteering to formulate and present the Manorbier Community Council case the services of the solicitors, Lowless and Lowless, who had been engaged and instructed by the council to defend the claim were terminated.) The hearing chairman gave legal guidance to Cllr Wales and Cllr Neads on employment tribunal protocol. Cllr Neads started to defend the council's case in detail and after a short while he was stopped by the chairman as he was digressing from the prime focus and procedure he had just outlined, the recognised procedure in a pre hearing review. If the objective of Cllrs Wales and Neads was to have the case struck out the prospect after an extended lunch time recess was diminished. During his extended lunch time recess the chairman had considered the representation of Cllr Neads and Wales and concluded that they had not satisfied him that it should be struck out or there was any need for a financial deposit to be lodged by the Clerk. He decided there was merit in having a full tribunal hearing. He also advocated that Cllr Wales and Cllr Neads should seek professional representation for future hearings. Cllr Neads replied that it was only a small council with limited funds and they had just had an expensive court case. Website Comments Manorbier Community Council (MCC) seems to be on another collision course financially with legal fees. It must be remembered that the original advice from Lowless and Lowless was that if the Clerk was successful in her claim the financial liability to the council would be in the region of £250 to £500. Lowless and Lowless before being dismissed by Manorbier Community Council had already invoiced them for £2000 for their work carried out as directed by the staffing committee. The staffing committee being composed of Cllrs Wales, Neads and Griffiths and following the resignation of Cllr Griffiths, Cllr Coleman replacing Mrs Griffiths and taking on responsibility. The most serious aspect of this case is that some members of Manorbier Community Council are unaware as they have not been fully informed of firstly the full details of case and secondly the extent of the work carried out by Lowless and Lowless for their £2000 fee. One councillor has asked on many occasions for information about the employment tribunal case and has been denied that information by the Proper Officer under instructions from Cllr Wales the council chairman. This employment tribunal hearing could have serious financial consequences for both the MCC and all charge payers in Manorbier and therefore any decisions relating to this case should have been discussed by full council. Cllr Wales had proposed that he be delegated full responsibility to liaise with Lowless and Lowless on this case as he was on the case with ICT marketing which had major financial repercussions for the council. It should be noted that perhaps as it was mentioned in the pre hearing review part of the Clerks claim is that several councillors including those defending the claim by the clerk had a vendetta against her they should have considered their involvement in a staffing committee dealing with firstly the dismissal of the Clerk and secondly her appeal. |