This Is Guernsey

By Nicci Martel

WHEN Rex Robert’s sandwich van broke down, so did his relationship with his boss – a former colleague – an industrial tribunal heard yesterday.

Mr Robert is claiming unfair dismissal after losing his delivery job at Hansen’s Grab ‘n’ Go on 24 October following the problem with the van at Admiral Park.

It had broken down four months earlier and that had been attributed to the hotbox and fridge being kept running when the engine was off. Anthony Hansen blamed the second failure on Mr Robert’s refusal to follow instructions to keep the engine running.

Advocate Paul Richardson, for Mr Robert, said that if the equipment had habitually been run off the battery, it would have failed much sooner.

Mr Robert said that back at the shop that day his employer had lost his temper and asked him to step outside, where he continued to raise his voice. Mr Robert said he had been given 20 days’ notice before he got back in the van and drove away. He said Mr Hansen later phoned him and told him not to bother coming in the next morning.

Mr Hansen said he had tried talking calmly to Mr Robert but when the latter got into the van, he warned him that if he drove off he would be given notice.

Later he had phoned and asked Mr Robert if he would follow his instructions if he did return to work. He had answered no and only at that point, Mr Hansen said, had he fired him.

‘I wanted to resolve things between us, but I had already given him three verbal warnings. I had no choice,’ Mr Hansen said.

Advocate Richardson disputed the allegations of gross insubordination.

‘There are three areas where it is alleged Mr Robert’s conduct was insubordinate, but not one of them really holds up,’ he told the tribunal.

‘Each of these issues does not amount to gross insubordination and they were never put together by Hansen and put to Mr Robert as a reason for dismissal.’

Mr Robert had worked as a deliveryman at The Lunch Box, a similar business in the same premises, for five years.

Mr Hansen and his wife had worked with Mr Robert there before setting up their own business in July 2006 and invited him to work for them.

While Mr Robert was ill for two weeks, Mr Hansen had made the deliveries and said that three customers told him that Mr Robert had given them discounts.

Mr Robert denied that, but said he had let customers short on change pay the difference the next day.

Asked if he had heard further reports of discounts after discussing it with Mr Robert, Mr Hansen said no.

Mr Hansen also alleged that Mr Robert ignored instructions to cancel deliveries to firms that did not buy much.

Mr Hansen, who is from South Africa, admitted that until recently he had not known that there was an official code of practice for employers and that he had not given Mr Robert a contract or any written warnings.

Mr Robert denies receiving any verbal ones.

The tribunal will rule within the next few weeks.