The Courier & Advertiser (Fife Edition)
City council to appeal ruling
DUNDEE CITY Council has come under fire after it emerged it is to appeal an employment tribunal judgment which awarded a former employee more than £100,000 after she was subjected to a lengthy period of sexual and abusive harrassment.
A source told The Courier the appeal has been lodged against the Dundee tribunal financial award to former council employee Margaret Malcolm, which has been confirmed by the council and the employment appeals tribunals office in Edinburgh.
In a case that went all the way to the Court of Session, the council was found to have treated Ms Malcolm unfairly when male technician colleagues at Baldragon Academy used “coarse industrial language” in front of her.
She was awarded more than £63,000 plus interest at 8% from as far back as 2001, and an undisclosed sum for loss of pension rights.
The council source said fellow employees shook their heads in disbelief when they heard of the appeal.
The member of staff said: “None of us could believe the council has done this again. We thought they had learned their lesson with the Linda Ross case.
“It’s ridiculous. Some of these people are like terriers, they just won’t let go.”
Ms Malcolm’s brother George said yesterday it was news to them but added that his sister had lodged an application to review the sum awarded in any case, which will be heard next month.
Councillor Kevin Keenan, the Labour Group leader on Dundee City Council, said yesterday he was concerned that yet another high-profile case was being prolonged by the council.
“After the Linda Ross tribunal I said that there needed to be changes in the personnel approach to dealing with employees and I am concerned that these changes might still not have been made.
“I have asked for a copy of the judgment in this case from (legal manager) Roger Mennie to find out the facts of the case.
“We have had two recent very highprofile industrial tribunal judgments found against Dundee City Council, with another being progressed as described in The Courier.
“As councillors, we all have a duty to protect the public purse which under the councillors’ code of conduct limits the comments an elected member can make.
“However, the cost of these employment tribunals must be quite considerable both in lost time for those employees who are called to give evidence and of course the financial cost for legal representation.
“The first case ended in a very damming 70-page report and, having read all of the report I firmly believe there are lessons to be learnt by the council.
“I have contacted the head of democratic and legal services for a copy of the second tribunal findings to see for myself if any of council policies were not followed.
“Perhaps there is not enough political oversight of personnel matters/human resource management of the council, whilst protecting the public purse we also have a duty as an employer to our employees.
“Past councils had an HR director reporting directly to its own committee.
“The department also had a dedicated convener keeping a political overview, perhaps this should be reintroduced as these high-profile cases do nothing but damage to the council’s reputation.
“Policies and rules are in place to ensure the smooth running of the business and in turn deliver a fairness to each employee as they know what is expected of them by Dundee City Council as their employer.”
The Courier revealed on Thursday that former parking manager James Owusu is taking the council to an employment tribunal for wrongful dismissal, unfair dismissal, racial harassment, racial discrimination and victimisation.
The 10-day tribunal is set down over 10 days in October and November.