Jay Daley's dismissal

[aZooZa]

In late 2008, Nominet dismissed Jay Daley, then Director of IT, for gross
misconduct resulting from breaches of trust and confidence. Mr Daley then
brought an action against Nominet in an Employment Tribunal to contest
this decision. The Tribunal announced on 20th May that it has upheld our
finding of gross misconduct, and that Mr Daley was fairly dismissed in the
circumstances.

===

Above extract from Nominet email.

Anyone know any further detail about these "breaches of trust and confidence"?

 

[GreyWing]

Nope, but I imagine it will need to come out. Otherwise people will still rumour about it all.

All very mysterious....

 

[aZooZa]

It *will* need to come out. I want to know what this is all about as I have some suspicions of my own.

 

[GreyWing]

Maybe Jay will spill the beans as he is no longer under the handcuffs of the tribunal.

If Nominet had lost they could have paid him out and paid him to keep his mouth shut, but now he is free to give his side.

Winning might be worse losing for this one for Nominet, brown stuff and fan come to mind.

 

[bb99]

My understanding is that anyone can purchase employment tribunal judgements, which is a written document explaining who "won" (and why), from the relevant tribunal for a nominal fee. These are public documents.

IANAL etc etc.

:roll:

 

[Jeewhizz]

My understanding is that anyone can purchase employment tribunal judgements, which is a written document explaining who "won" (and why), from the relevant tribunal for a nominal fee. These are public documents.

IANAL etc etc.

:roll:

I am under the same impression as well!

 

[deconstruction]

would it get posted here?

Employment Appeal Tribunal > Latest Judgments

i think you can buy them for £10 before they are posted on the site, but free once on site.

 

[aZooZa]

I am under the same impression as well!

Yes, that's of course true - these are matters of public record. I think the industry grapevine will get us a quicker answer online.

 

[GreyWing]

Where is my credit card? that is going to be golden.

They look to be about 2-3 weeks behind in updating that site, still not long to wait.

 

[aZooZa]

Where is my credit card? that is going to be golden.

They look to be about 2-3 weeks behind in updating that site, still not long to wait.

It's a government site. Of course it's not up-to-date Graeme

I'm sorry for Jim but I think the real juice is going to be the JD story.

 

[bb99]

would it get posted here?

Employment Appeal Tribunal > Latest Judgments

i think you can buy them for £10 before they are posted on the site, but free once on site.

That's the EAT, just for appeals - so no I don't think it will be on there (unless it was subject to appeal?).

 

[GreyWing]

It's a government site. Of course it's not up-to-date Graeme

Lol Dale have you read this from the site

"Important Note: As well as the new judgments, some older judgments may also appear on this page. We are trying to find a way of stopping this happening,"

hahaha, who's built their site if they are struggling to make that work, that was a problem from the 1980's.

That's the EAT, just for appeals - so no I don't think it will be on there (unless it was subject to appeal?).

I think the way they look at the word appeal is meant to be the appeal to the sacking, not an appeal of an earlier tribunal decision. So it should appear on there IMO.

I agree Dale, I think that the truth will be in Jay's appeal.

 

[aZooZa]

Lol Dale have you read this from the site

"Important Note: As well as the new judgments, some older judgments may also appear on this page. We are trying to find a way of stopping this happening,"

hahaha, who's built their site if they are struggling to make that work, that was a problem from the 1980's.

I think the way they look at the word appeal is meant to be the appeal to the sacking, not an appeal of an earlier tribunal decision. So it should appear on there IMO.

I agree Dale, I think that the truth will be in Jay's appeal.

I don't think it's clear yet that he's going to appeal. I also think that an appeal has to be on the basis of a previous tribunal decision, not his actual sacking.

I'm following this one REALLY closely.

 

[bb99]

I think the way they look at the word appeal is meant to be the appeal to the sacking, not an appeal of an earlier tribunal decision. So it should appear on there IMO.

Noop, it's appeal in the sense of appealing a judgement made by an Employment Tribunal.

If you look at the page linked to, all the cases are decided by a judge - which is what happens in appeals only.

Employment Tribunals themselves (not the appeals) are decided by a three person panel (chair who is an employment law guru, layman employer person, layman employee person).

So there

 

[GreyWing]

Fair enough, are we right in assuming that the judgement will be somewhere then (another site)?

 

[bb99]

Fair enough, are we right in assuming that the judgement will be somewhere then (another site)?

They're not published online but you can request a copy from the tribunal where it took place.

 

[bb99]

I don't think it's clear yet that he's going to appeal. I also think that an appeal has to be on the basis of a previous tribunal decision, not his actual sacking.

From memory you have 6 weeks to appeal after the decision is issued.

Tick tock

 

[sneezycheese]

Nominet Employment Tribunal Decision

Hi Guys,

Please find an OCR'd copy of the Tribunal decision:

http://www.nominetnews.com/jay_daley/jay_daley_nominet_employment_tribunal_2009.pdf

Regards,

Sneezy.

 

[GreyWing]

Bloody hell, lines like this don't look good do they. The lines are brief and not to say that Jay was in the right. So not taking sides but this about Nominets management team????? Does raise some questions.

To say the Tribunal was surprised by the lack of note taking at certain crucial meetings is an understatement. For most HR practitioners it is written on their hearts
that at any meeting they would take notes. It therefore beggars belief that
at a meeting such as that on 6 May when crucial decisions are being made
for the company there was no note taken. This is similar to the position of
the meeting around mid August with Miss Cowley when she raised poor
behaviour by the Claimant.

We were unhappy with the way in which Mrs Crowther appeared to
approach the matter of the investigation by asking leading questions as we
have referred to above. We were unhappy that she clearly had a closed
mind in the matter as demonstrated by the letter of 11 September.

We note that she had appeared to have no insight that to investigate the
matter and conduct the hearing there might result in a defective process.
Finally we note that in dealing with a particular issue of a grievance she
failed to follow the statutory grievance procedure.

All of these lead us to the conclusion that Mrs Crowther in her performance
as a HR professional fell seriously short of the standard to be expected.
Does it however call into question her credibility?

Mr Gilbert: He is a lawyer. His answers were given as one might expect
from a lawyer. They were cautious and careful.

 

[sneezycheese]

Statement from the um 'boss'

Hi guys,

Bob Gilbert's, aka 'the boss' - 'I'm an non-exec & exec director at the same time magician' statement can be found here:

http://www.nominetnews.com/bob_gilbert/bob_gilbert_nominet_witness_statement_2009.htm

Regards,

Sneezy.