EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE UD2019/2011
against
EMPLOYER
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Lucey
Members: Mr. P. Casey
Mr. J. Flavin
heard this case in Cork on 11September 2013
Representation:
_______________
Claimant(s):
Respondent(s):
No attendance or representation
The determination of the Tribunal was as follows:-
An unfair dismissal claim was brought on behalf of a nursing home care assistant after an employment from October 2004 to May 2011. It was contended that, although she had been dismissed for allegedly stealing a mug, but that she had not stolen a mug, and that she had been dismissed without recourse to natural justice or fair procedures. Compensation was sought.
Giving sworn testimony, the claimant said that she had done cleaning duties at the respondent’s nursing home. As her own mug was cracked she had used another mug for her tea but had not stolen it. However, theft was alleged and she was told to resign or have the police called. She refused to resign. She was not told that she could have a representative. The police were called and wanted to hear the claimant’s version of events. There was no criminal prosecution.
As the claimant was called in to a final meeting she was finally told that she could have a representative. She finally got one but she never received a contract or disciplinary procedures. She had only got a copy of the respondent’s complaints policy. The claimant was subsequently dismissed. The matron had said that there were three witnesses but the claimant could not find out who they were. It was alleged that the claimant’s dismissal had been humiliating and disproportionate.
No evidence was offered by or on behalf of the respondent to show substantial grounds to discharge the burden that was on the respondent to justify the claimant’s dismissal.
Regarding loss incurred, the claimant had been available for work in the second year after her dismissal.
Determination:
Having carefully considered the evidence presented, the Tribunal considers that the employer’s procedures were defective and of a bullying nature. The claimant was dreadfully treated. She made no contribution to her dismissal and the Tribunal is pleased to say something to vindicate the claimant’s maligned character. The Tribunal finds that the Tribunal was unfairly dismissed within the meaning of the Unfair Dismissals Acts, 1977 to 2007, and awards her the sum of €15,000.00 (this amount being equivalent to 60.61 weeks’ pay at the claimant’s gross weekly pay of €247.50) as compensation under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)