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1800 pounds payout for pot passive smoker

Fiona Davidson

Daily Record

Thursday 03 Nov 2005

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Gardener wins job claim

By Fiona Davidson

A BOSS who left work saying he was stoned as a result of staff smoking
cannabis has won £1816 compensation.

Denny McLaughlin, 44, of Galston, Ayrshire, won his unfair sacking claim
against Evergreen Landscapes.

But a Glasgow tribunal found the gardener 50 per cent to blame and said
his tale about the effects of passive cannabis smoking was "incredible".
The company denied McLaughlin's claim that the real reason they sacked
him was because he had lodged a personal injury claim against them.

They said they fired him from his £300-a-week job after boss Paul
Stenhouse saw him parked in a lay-by reading a newspaper when he should
have been working.

McLaughlin told the tribunal he had felt "stoned" because his fellow
workers were smoking cannabis and had decided to go home early.

He said he had been a registered drug addict but had been "clean" for 12
years. He said he never smoked cannabis at work and didn't like itHe
also claimed he had previously fired three drug users.

Stenhouse said honesty, punctuality and accurate time-keeping were
essential to the firm as customers were charged on that basis.

He said he spoke to McLaughlin the day after the alleged incident and he
denied leaving the job early.

Two days later, he claimed, McLaughlin said that the clock in his
vehicle was fast. He also blamed bad weather.

Stenhouse said the issue of passive cannabis smoking hadn't been raised.
The tribunal found McLaughlin's evidence "inherently incredible".

They backed his unfair dismissal claim but found him 50 per cent to
blame and awarded him £1816

 

 

 

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