UD502/2012, MN389/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                            CASE NO.

Employee        -           claimant                                                                                 UD502/2012

                                                                                                                                    MN389/2012                                      

against

Employer         -           respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Mr. N. Russell

Members:        Mr. J. Browne

                        Mr. F. Dorgan

heard this claim at Waterford on 7th January 2014

Representation:

Claimant: Mr. James Burke BL instructed by Mr. Dermot O Brien solicitor,

David Burke & Company, Solicitors, 24 Mary Street, Dungarvan, Co Waterford

Respondent: Mr. Neil Breheny, Neil J Breheny & Co, Solicitors,

                   4 Canada Street, Waterford

Determination:

There was a complete conflict in the evidence in this case as to whether the Claimant had complied with the Accident Protocol within the Respondent Company and, specifically, as to whether he had completed an Accident Report Form.   However, on his own evidence, MOS for the Respondent Company agreed that he was not aware of whether the Claimant had or had not filed an Accident Report Form when he dismissed him.   Accordingly, as this issue was not a factor in the Decision to dismiss, the Tribunal does not need to have to consider this matter when arriving at a Determination.

No procedures whatsoever were followed prior to the Claimant’s dismissal.   Further, the reasons proferred to the Tribunal for the Claimant’s dismissal were somewhat spurious. The Tribunal was left with the distinct impression that it was not getting the “full story” or reasoning behind the Dismissal.

The fact of Dismissal not being in dispute the onus in this case was on the Respondent Employer to satisfy the Tribunal that the Dismissal was fair.   The Respondent Employer did not discharge this onus.

Considering the totality of the evidence and documentation before the Tribunal, the Tribunal awards the Claimant the sum of €11,000.00 in respect of his Unfair Dismissal, under the Unfair Dismissals Acts, 1977 To 2007 and €350.00 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)