Following the debate at Brent Council yesterday evening LINK when Cllr McLennan said the Council's decision not to discipline Cara Davani and to give her a pay-off was based on legal advice, Cllr John Warren has made the folowing request:
You are aware of my concerns over the pay- off to Ms Davani. I make a formal request for details of the firm that gave advice to Brent to settle on a £157,610 pay -off.I also seek details of this advice.If you are unable to give me this information would you please take this as a freedom of information request.I just find it extraordinary that the evidence against Ms Davani at the Employment Tribunal was not deemed sufficient to pursue disciplinary action against her.
I have also received the following comment from a reader.
How could Cara Davani (CD) claim constructive dismissal as she had already been found guilty at a tribunal of bullying and harassment?
How could she be entitled to statutory redundancy payments as she was not directly employed by the Council / paid through payroll as an employee for more than two years?
Had she been employed by the Council for more than two years and not been found guilty at a tribunal for matters potentially deemed to be gross misconduct, whereby she could have been dismissed, she would only be entitled to statutory redundancy pay, which I understand to be one week's pay per year of service.
It beggars belief that Brent should pay CD this extortionate amount of money. Perhaps Brent should consider sacking, or suing their lawyers.
We might also wonder why the Council's legal advice was that Davani might have a case for constructive dismissal when (presumably) the same advisor failed to see that Rosemarie Clarke had a crystal clear case for constructive dismissal.
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