EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Employee - appellant UD1084/2012
against the recommendation of the Rights Commissioner in the case of:
Employer - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B. L.
Members: Ms J. Winters
Mr N. Dowling
heard this appeal at Trim on 11th December 2013
Representation:
_______________
Appellant: Ms. Mary Smith, Navan Citizens Information Centre, Floor 2,
1 Cannon Row, Navan, Co Meath
Respondent: Michael O'Byrne, Solicitors, Kenlis Place, Kells, Co Meath
This case came before the Tribunal by way of an employee appeal of the Rights Commissioner Recommendation ref: r-119650-ud-12/JC under the Unfair Dismissals Acts, 1977 to 2007.
Respondent’s Case
The only witness the respondent provided was not present or involved in any of the events that led to the appellant’s dismissal.
Appellant’s Case
After being employed with the respondent from 2004, the appellant was dismissed without notice on the 28th of July 2011 for alleged gross misconduct.
The appellant gave evidence of his loss and his attempts to mitigate his loss.
Determination
The respondent failed to prove that any gross misconduct occurred to justify the appellant’s dismissal without notice. Section 6 (6) of the Unfair Dismissals Act 1977 states that,
‘In determining for the purposes of this Act whether the dismissal of an employee was an unfair dismissal or not, it shall be for the employer to show that the dismissal resulted wholly or mainly from one or more of the matters specified in subsection (4) of this section or that there were other substantial grounds justifying the dismissal.’
The Tribunal therefore upsets the recommendation of the Rights Commissioner ref: r-119650-ud-12/JC and awards the appellant €13,000.00 as compensation under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)