This Is Guernsey

By Aimee Le Cocq

A LEADING financial services company has admitted a second case of unfair dismissal in less than 18 months.

And although Generali International initially tried to deny culpability at an industrial tribunal, it withdrew rather than see details of the complaint against it become public.

The latest casualty from the company, which features prominently when fact-finding visitors come to the island, was a senior manager of 15 years’ standing.

Malcolm Campbell, who was dependent on his employment for his local housing licence and that of his daughters, was dismissed without justification earlier this year.

As a result, he filed an unfair dismissal claim, which was not contested.

Collas Day Advocates associate lawyer Rachel Farnham represented Generali at the hearing, although no details were put forward by either party. All information was provided to the tribunal in written form.

The panel, chaired by Georgette Scott, who sat with Andrew Vernon and Caroline Latham, will now decide the level of compensation to be awarded to Mr Campbell.

‘I’m frankly surprised to see the respondents sat here,’ said Mrs Scott.

‘I understand that the respondents accept and are not contesting the unfair dismissal. You are just seeking to find a remedy and a solution to the dispute.’

However, Miss Farnham said that although Generali was not contesting the hearing, there was no admission.

This caused some confusion for the tribunal, which said that if no admission was made, then Generali would be asked to give evidence.

After discussions with a representative of Generali, a decision was made.

‘We will admit to unfair dismissal on the basis that the tribunal do not demand any findings.

‘If they want to find reasons, then we will give evidence. We won’t contest it for these reasons.’

There were some slight discrepancies between the two parties over bonus and salary figures, which were left to the panel to resolve.

nÊIn June last year, Joseph Castellino, formerly chief executive of Generali BSI Bank, made a claim against Generali, which again was not contested. He was awarded around £62,000 and is now pursuing other remedies against the company in the Royal Court.

Article posted on 29th November, 2008 - 9.04am