Perth and Kinross Council has lost a bid for its unfair dismissal of a cancer-suffering Dundee solicitor to be reviewed.
It is now taking the employment tribunal decision into the case of Valerie Gauld of Birkhill to an appeal. The tribunal in Dundee ruled in January that Mrs Gauld was wrongly sacked because the council went “too far too fast” in dismissing her.
Her performance at work deteriorated after she became ill and there had been an irretrievable breakdown with her manager Linda Whiteford in the council’s legal department.
The tribunal also criticised the council for thinking it was a rare event for cancer patients to suffer from post-traumatic stress disorder.
The council sought a review of the original decision for reasons described in the review judgment as “wide-ranging and complex”.
A review hearing took place and the council’s solicitor Mr J McMillan contended there had been factual errors and misinterpretations in the original judgment.
Employment judge Mr J Hendry accepted some matters needed to be rectified and this would be done by means of a certificate of correction.
With some minor clarifications, the original judgment reflected “the evidence, issues, law and reasoning required for the respondents and claimant to know why we came to the decision we did,” he explained.
“We are therefore not prepared to revoke or vary the judgment. Nothing that has been suggested to us convinces us that our judgment is wrong or that the decision should be altered.”
Mrs Gauld, 53, joined the council in 2008 to carry out leasing and conveyancing. At first she had a good relationship with colleagues in the legal department.
She was diagnosed with cancer and was off work for chemotherapy and other treatment. The disease was life-threatening and the prognosis was initially poor.
She became very anxious and frightened about her illness and the possible impact it might have on her and her family, but she was able to return to work on a phased basis.
Chemotherapy patients are often affected by tiredness and memory loss. Mrs Gauld became affected and this caused her anxiety and to become withdrawn. Her work deteriorated, matters escalated and she was dismissed in March 2011 because of her conduct towards Mrs Whiteford.
The council felt Mrs Gauld, who is now enjoying better health, had made allegations over a prolonged period against her manager, which had no basis in fact.
The council said: “We asked for a review of a total 104 statements made in the (original) judgement, for clarification purposes. Some of our points have been accepted and some have been rejected. Now that this process has been completed we can move forward to a full appeal hearing, which we expect to take place later this year.”