What act does warrant a sacking on the spot?
HANNIBAL chef who bites police constables gets awarded £11,000 for wrongful dismissal (Guernsey Press, 27 June).
There cannot be one policeman in Guernsey who would not be outraged, indignant and affronted by last week's employment tribunal ruling.
Two of their fellow police constables were called, late at night in March last year, to deal with a physical assault by a chef called James Harvey on his girlfriend. He assaulted his girlfriend and a work colleague, committed criminal damage to personal property belonging to others and also to the hotel where he was living. Upon being arrested, a violent struggle ensued during which he bit one of the fingers of an arresting constable, virtually severing it to the bone and bit the other officer on the hand and leg. He was finally subdued and taken into custody and subsequently found guilty and sentenced to 18 months in prison.
The director of Fermain Valley Hotel, Timothy Coates, then fired him for gross misconduct; a decision that I totally endorse. If such acts do not warrant instant dismissal then heaven knows what does.
Timothy did not then journey to the prison to personally advise Mr Harvey that he was being 'considered' for dismissal nor did Mr Harvey receive a letter notifying him of the fact that he had been fired. According to the tribunal these were technical procedures that Timothy should have followed and, on that basis, awarded Mr Harvey £11,000-worth of damages for wrongful dismissal.
This judgement is now in the public domain. The three tribunal members should now hold their heads in utter shame for their decision on the amount of this discretionary award of compensation. The two officers who were attacked were awarded compensation by the court but Harvey has since left the island and has failed to comply with that order. Mr Harvey is set to receive £11,000 as well as having cost the taxpayer a significant sum for the cost of his prison term.
I stand shoulder to shoulder with our police who have to deal with vicious criminals like Mr Harvey. This letter is written in support of our officers and to send out a message to criminals like 'Hannibal' Harvey that such behaviour is utterly gross and unacceptable.
It would have been reasonable for the tribunal to simply accept that Fermain had made a technical procedural error and award Mr Harvey a nominal £1.
This is not about money. So if the tribunal should be minded to change their order, I will personally donate the sum of £11,000 to police headquarters to pay the sums owed to the officers and to use the balance for their Christmas party or a charity of their choice. I am determined that criminal assault will not be rewarded, particularly when the assailant bites two constables in the execution of their duty.
When an offender commits assault, causes criminal damage and seriously harms police officers and subsequently receives substantial financial compensation for loss of employment, what message does this give out about acceptable behaviour in our island? Where and when does this kind of technical HR idiocy stop?
An award of this value will only encourage others to take advantage of certain tribunal members who leave their common sense and intellect at the door and replace it with a rulebook.
DEREK COATES,
Chairman, Vista Hotels Ltd,
Blue Islands and Healthspan.