To receive disclosures of interests from Members (i.e. the existence and the nature of those interests in respect of items on this agenda).

No disclosures were received.

To consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following item on the grounds that the item involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the said Act.

Exemption Category: 1and 2

Reason for Exemption: the report contains personal information about an individual member of staff and a member of the public.

Public Interest Test: The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information due to the personal nature of the information contained in the report.

DECISION

That under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following item of business, on the grounds that the item involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the said Act.

Exemption Category: 1 and 2

Reason for Exemption: the report contains personal information about an individual member of staff and a member of the public.

Public Interest Test: The public interest test has been considered and, in all the circumstances of the case, the public interest in maintaining the exemption is considered to outweigh the public interest in disclosing the information contained in the report.

DECISION

(1)     That  the appeal is dismissed.

(2)     The reasons for the Committee’s decision are as follows:-

The grounds of appeal have been adequately responded to by management from the evidence provided, the Management case has established that on the balance of probabilities that the alleged incidents took place and the decision to dismiss was reasonable.

ADJOURNMENT

The meeting was adjourned for 10 minutes.

THE COUNCIL’S CASE

The Council’s Representative presented the Management Statement of Case.

Members of the Committee asked questions of the Council’s Representatives.

ADJOURNMENT

The meeting was adjourned for 10 minutes.

CONTINUATION OF THE COUNCIL’S CASE

The Council’s first witness answered questions from the Council’s Representative, the Appellant’s Representative and Members of the Committee.

The Council’s second witness answered questions from the Council’s Representative, the Appellant’s Representative.

ADJOURNMENT

The meeting was adjourned for 5 minutes.

CONTINUATION OF THE COUNCIL’S CASE

The Council’s second witness then answered further questions from the Council’s Representative and the Appellant’s Representative.

APPELLANT’S CASE

The Appellant’s Representative presented the Appellant’s appeal.

Members of the Committee asked questions of the Appellant’s Representative and the Appellant.

CLOSING STATEMENT

Closing statements were made by the Council’s Representative, and the Appellant’s Representative.

The Appellant, the Appellant’s Representative and the Council’s Representatives withdrew from the meeting.

The Committee retired to consider the Appeal Decision.

DECISION

Having weighed up the evidence and submissions, the Committee made its decision.

The Chairman asked for both parties to be invited back to the meeting to hear the decision.

The Appellant and the Appellant’s Representative returned to the meeting.

The Chairman of the Appeals Against Dismissal Committee announced the decision of the Committee.