A Perth mechanic said he did not want to work on Sundays for religious reasons even though he did not go to church.
Ian Cuthbert also said he did not want to start work in Perth and Kinross Council’s Friarton depot as early at 6am and the only day he did so he went off to see his doctor and never came back.
The council ended up dismissing Mr Cuthbert of Muirend Gardens, and an employment tribunal in Dundee ruled that they did so correctly.
They rejected his claim of unfair dismissal over episodes which resulted from the introduction of a new shift pattern in July 2011.
The council said the new shifts, with mechanics having to start early or late and having to work one weekend in four, better suited the needs of all departments. Mr Cuthbert was not happy with the new system.
He first said that due to his religious beliefs he did not want to work on Sundays. Evidence was given that he is a Presbyterian but he does not go to church.
He then said he would not be reporting for work at 6am but would continue to come in at 7.30am, but was told his old work pattern no longer existed.
He also said he had suffered tingling in his hands from removing wheel nuts with an air gun. His case was referred to the occupational health department, and he was allowed not to use the tool while his condition was investigated.
Another of his complaints was the garage was too cold. He remained unhappy about his working hours, and said he would not accept a new contract.
On July 20 2011 he did report for work at 6am but later that day he left to see his GP and obtained a certificate saying he was unfit because of “work related stress and hand symptoms”.
He never returned. In October the council said they could not sustain his long-term absence without knowing when he might return.
Tribunal judge Ian McFatridge said the situation was one where the claimant was effectively refusing to return to work, and there was nothing wrong with the council’s procedures.