EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Gordon Robinson (appellant) UD504/2013
against the recommendation of the Rights Commissioner in the case of:
Scotts Bar & Restaurant Limited T/A Swiss Cottage
(respondent)
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. N.O’Carroll-Kelly B.L.
Members: Mr D. Moore
Mr J. Maher
heard this appeal at Dublin on 22nd October, 2014
Representation:
_______________
Appellant(s) : Mr Anthony Smith, Anthony Smith & Co, Solicitors, Suite
1.3, The Distillers Building, Smithfield, Dublin 7
Respondent(s) : No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:
This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Unfair Dismissals Acts, 1977 to 2007, reference r-123121-ud-12/DI.
Summary of evidence
The appellant was employed with the respondent as an Assistant Bar Manager. On 30th March, 2012 the appellant was off duty and had been drinking on the premises with some work colleagues. The appellant was outside having a cigarette and was talking to someone. That person handed the appellant a small plastic bag but the appellant did not know what it contained and he was stopped by security on the way back in. He was subsequently accused by the respondent of being in possession of drugs and was suspended the next day pending investigation.
The appellant heard nothing from the respondent and he rang the respondent about two weeks later to ask about his wages. He was told by the respondent that he had been sacked on the 31st March, 2012 and was not due any wages. No investigation was carried out by the respondent.
The appellant gave evidence of efforts to mitigate his loss.
Determination
The Tribunal noted that there was no appearance by or on behalf of the respondent.
The Tribunal has to assess both the reasons for the dismissal and further, the procedures adopted by the respondent in the investigative/ disciplinary process which led to the dismissal of the appellant. The Tribunal must be satisfied that all rules of natural justice were used throughout the process that led to the termination of the employment.
In assessing all the factors in the case, the Tribunal is satisfied that the appellant was unfairly dismissed. There were flaws in the procedures utilised which made the process itself flawed. Natural justice was denied to the appellant.
The Tribunal is not satisfied that all efforts were made by the appellant to mitigate his loss and
accordingly, the Tribunal makes an award to the appellant in the sum of €10,000.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)