Agenda and draft minutes

Appeals Committee
Friday, 4th October, 2019 9.30 am

Venue: Committee Room 1, 3 Spilman Street, Carmarthen. View directions

Contact: Martin S. Davies  01267 224059

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

An apology for absence was received from Cllr. D.T. Williams.

 

2.

DECLARATIONS OF PERSONAL INTEREST

Minutes:

No declarations of interest were received.

3.

MINUTES - 13TH MARCH 2018 pdf icon PDF 301 KB

Minutes:

UNANIMOUSLY RESOLVED that the minutes of the meeting held on the 13th March, 2018 be signed as a correct record.

 

4.

ANY OTHER ITEMS OF BUSINESS

Minutes:

There were none.

 

5.

NOT FOR PUBLICATION

THE REPORTS RELATING TO THE FOLLOWING ITEMS ARE NOT FOR PUBLICATION AS THEY CONTAIN EXEMPT INFORMATION AS DEFINED IN PARAGRAPH 13 OF PART 4 OF SCHEDULE 12A TO THE LOCAL GOVERNMENT ACT, 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) (WALES) ORDER 2007.<br/>IF FOLLOWING THE APPLICATION OF THE PUBLIC INTEREST TEST THE COMMITTEE RESOLVES PURSUANT TO THE ACT TO CONSIDER THESE ITEMS IN PRIVATE, THE PUBLIC WILL BE EXCLUDED FROM THE MEETING DURING SUCH CONSIDERATION.

Minutes:

UNANIMOUSLY RESOLVED that pursuant to Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item as the report involved the disclosure of exempt information as defined in Paragraph 13 of Part 4 of Schedule 12A to the Act (As amended by the Local Government (Access to Information)(Variation) Order 2007) namely information which is likely to reveal the identity of an individual.

 

6.

TO CONSIDER AN APPEAL AGAINST DISMISSAL - COMMUNITIES DEPARTMENT

Additional documents:

Minutes:

Following the application of the public interest test it was UNANIMOUSLY RESOLVED pursuant to the Act referred to in Minute No. 5 above to consider this matter in private, with the public excluded from the meeting, as it would involve the disclosure of exempt information likely to reveal the identity of an individual.

 

The public interest test in this matter related to the appellant’s name and other personal details, being personal data as defined in Section 1 of the Data Protection Act 1988.  The issue to be considered by the Committee was not a matter of public interest.  Disclosure of the information in the report would be unfair and run contrary to the appellant’s right to privacy.  On balance, therefore, the public interest in disclosure was outweighed by the public interest in maintaining confidentiality of the report.

 

The Chair welcomed to the meeting the appellant and her representative, together with the appointed Commissioning and Investigating Officers, and outlined the protocol which would be followed in hearing the appeal (copies of which had been included in the agenda pack).

 

The Committee proceeded to receive evidence from the Commissioning Officer, witnesses, the appellant and her representative.

 

Both parties were afforded the opportunity of cross-examining the evidence provided and to sum up, following which, they withdrew from the meeting whilst the Committee considered the evidence and representations made.

 

(NOTE: the Committee adjourned at 12.45 p.m. for a lunch break and reconvened at 1.30 p.m.)

 

The Committee, having considered all the evidence presented, together with the representations made by, and on behalf of, the appellant and the Commissioning and Investigating Officers:-

 

UNANIMOUSLY RESOLVED

6.1    that the appeal be upheld and the decision of the Disciplinary Hearing held on 26th July, 2019 to dismiss the appellant be rescinded and  the appellant’s employment be reinstated as from that date but in a    capacity/area other than that in which she was employed previously;

6.2      that the appellant be issued with a final written warning and be required to undertake appropriate training.