Man"s unfair sacking victory

Amanda Keenan Amanda Keenan - 1637 • Published 25 Feb 2009 12:30

A BARRHEAD sales rep was awarded £40,000 by an employment tribunal after being unfairly sacked for poor performance by his boss.

Giovanni Capaldi, 52, was fired from his job at Fastway Couriers, trading as Glasgow Support Services Ltd.

He was called to boss Jim Welsh"s office and told he was dismissed on two weeks notice which he could either work or take as garden leave.

Mr Capaldi - who was earning £500 per week - chose to work his notice because he had outstanding sales appointments and his earnings were partly based on commission earned on sales made.

But the next day he was told to stop working immediately and that his employment would end on July 8 last year.

He complained to an employment tribunal that he had been unfairly dismissed and sought compensation.

Glasgow Support Services Ltd, claimed his sales performance was poor and that he had been previously warned about the consequences of his sales performance.

The company claimed Mr Capaldi and other sales reps on the sales team had been warned that the size of the sales team would be reduced if sales performance did not improve.

The company also claimed he achieved only 38 per cent of his sales target.

Mr Capaldi denied this and highlighted a magazine article which singled out his sales performance for praise in August 2007.

He said he had not been given any warnings about his conduct or capability. He was one of three sales reps and neither the best performing sales person nor the worst.

No representatives from the company turned up for the Glasgow tribunal hearing.

Employment judge Paul Cape found he was unfairly dismissed and considered it likely he would struggle to find another job with an equivalent wage.

The Glasgow employment tribunal ordered Glasgow Support Services Ltd of Evans Business Centre, Belgrave Street, Bellshill, to pay Mr Capaldi of George Street, £33,031 compensation for his unfair dismissal.

A further £9,218 in notice pay, holiday pay and increased compensation because the company failed to follow the proper procedure, including failing to allow him to state his case.

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This article appeared in The Gazette 25 Feb 09

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