| Solicitor John Muir, who has taken over Mrs Ross’s case following the withdrawal of her previous legal representative Donald Pirie, said the council had got hold of information that should have remained confidential from both legal and medical perspectives and which had given the local authority an unfair advantage.
The matter, surrounding a medical certificate that had allegedly been altered, was now expected to go to the police although Mr Muir emphasised that there was “not a whiff” of impropriety in Mrs Ross’s actions and the allegation, he predicted from his experience as a criminal lawyer, would be dismissed by the police in “ten seconds”.
He told employment judge Alexander Bolland QC, “This is clearly designed to intimidate Mrs Ross.”
Mr Muir was critical of events leading up to the council’s decision to pass the medical certificate to the police and added, “In 25 years I have never known anything like it. It’s outrageous behaviour and taints these proceedings.
“I think it will now be very hard to have a fair hearing on this matter.”
Mrs Ross’s unfair dismissal case was deferred until today to allow her to seek new legal representation following Mr Pirie’s decision to withdraw.
Mrs Ross, former depute head at Sidlaw View and Longhaugh primary schools, was dismissed by the city council for gross misconduct in October last year, a decision upheld on appeal, but has declared her intention to clear her name.
The council, through its solicitor Madge Geddes, had wanted, at an earlier hearing on Wednesday, to have the tribunal investigate the circumstances surrounding the medical certificate but her motion was rejected because Mrs Ross was without legal representation at that stage. She said it was the council’s position that there may have been an attempt to commit fraud or pervert the course of justice.
Today, Ms Geddes withdrew her motion after Mr Muir argued that the medical certificate was a matter between Mrs Ross and her medical advisor. He said, “As we sit here today, this is a non-issue because it hasn’t been admitted into evidence.
“My clear understanding is that this document has never been led in evidence so how can this be an issue? It’s surreal!
“It’s not for anyone to use the document without the consent of the claimant and she’s no intention of using it.
“I can’t be asked on behalf of my client to discuss hypothetical evidence.”
Instead, Mr Muir moved that Mr Pirie, who has allegedly refused to hand over Mrs Ross’s case file to her new representative, should be ordered by the tribunal to do so in order that the case could proceed. Mr Muir said, “Mr Pirie’s behaviour is outrageous. He’s holding up proceedings.”
Mr Bolland and his fellow tribunal members retired to consider the matter and returned to say that Mr Pirie would be given seven days in which to produce Mrs Ross’s entire case file. Once Mr Muir was in receipt of the file, he would have 14 days in which to decide how to proceed.
After the hearing, Mr Muir said Mrs Ross was now considering legal action against Mr Pirie and his company for breach of privileged communication.
He said, “I am clearly satisfied having looked at this (medical document) that my client has done nothing wrong and she will be vindicated in full.”
Mrs Ross was suspended in 2007 when her husband Vic raised allegations of violence at Sidlaw View. The allegations were found to have been “exaggerated” by an independent panel set up specially to consider the issue.
Mrs Ross was then transferred to Longhaugh, but was again suspended in June last year and eventually sacked by the council. |
