A CLAIM for unfair dismissal brought against The Hill Community Development Trust in Townhill has been thrown out.

Former business development manager John Cooper claimed he had been sacked after "whistle blowing" on discrepancies within the trust's accounts.

But the tribunal ruled that not only were Mr Cooper's claims unfounded, but under the Employment Act they should not have been brought before a tribunal in the first place.

Within the judgement, Judge Jonathan Ferris said: "The claimant was summarily dismissed on December 11, 2007, in circumstances in which the summary dismissal was justified; and the claim for wrongful dismissal is dismissed."

During the two-day tribunal hearing, evidence was given that two independent accountants, and audits from the Assembly, among others, could find nothing wrong with The Hill Community Development Trust's financial records, from before Mr Cooper's employment in June 2007, and since he was fired six months later.

In a statement, the trust said it was "delighted" at the tribunal decision.

"This claim has been a distraction for over two years. The Post has provided updates on this situation on two separate occasions including claims made by John Cooper that we had deliberately falsified accounts and that he was dismissed from his position for whistle-blowing. Both claims have always been nonsense. We have submitted full, unqualified, independently audited accounts to Companies House for every year of our operation and Mr Cooper was dismissed on capability grounds — in circumstances the tribunal found were justified.

"Volunteers and staff of the trust are delighted to see this comprehensive rejection of Mr Cooper's claim for wrongful dismissal. This is a complete vindication of our position."

Mr Cooper, a Mumbles community councillor, said it was unclear why the tribunal stated the case should not have been made in the first place.

He added: "The progress of my claim during the past two years has included its examination during various stages by different employment tribunal judges and I am unclear why at this stage in the proceeding it is now considered to be outside of the tribunal's jurisdiction.

"I have written to the tribunal asking for the reasons for this judgement, and I do not wish to comment further about this, or about the Trust's breach of the Employment Rights Act until both matters have been clarified."

An outstanding matter regarding payslips not given to Mr Cooper during his employment with the trust is adjourned awaiting a joint statement from the claimant and respondent.

emma.judd@swwmedia.co.uk