EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Claire Ennis UD1196/2013
Against
Caspian Medical
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr L. Tobin
Mr P. Trehy
heard this claim at Dublin on 24th November 2014
Representation:
Claimant:
Ms Eugenie Houston BL instructed by Ms Avril Gallagher,
Gallagher & Company, Solicitors, 5 Ranelagh, Dublin 6
Respondent:
MR Padraig Lyons BL instructed by Dockery Solicitors,
Mespil House, Sussex Road, Dublin 4
Respondent’s case:
The respondent is a Medical Clinic and the claimant was employed there as a receptionist from 1st June 2008 until she was dismissed on 16th August 2013. The incident that led to her dismissal occurred on 25th July 2013 and she was informed of her dismissal at a meeting the following day and handed a pre-prepared letter at this meeting.
The claimant had previously received a written warning in 2010 and a verbal warning more recently in 2013 in relation to her conduct towards one of the directors of the respondent. On 25th July 2013 the same director (Dr. S) approached the claimant at reception and enquired as to why the takings for the previous day had not yet been “cashed up”. The claimant became irate and began to speak very loudly at Dr. S. This encounter took place within earshot of a patient and another employee and therefore Dr. S asked the claimant to come to her office to continue the conversation. However when they went to the office the claimant continued to be loud and aggressive and Dr. S terminated the meeting and left the office. That evening Dr. S discussed the matter with her husband (Dr. A) who is also a director of the respondent and they decided that Dr. A would meet with the claimant the next day to dismiss her. A letter of dismissal was prepared prior to the meeting taking place on 26th July 2013. On the morning of the meeting Dr.S told the claimant that Dr. A would be calling to the office in order to meet with her. This meeting went ahead as planned and soon into the meeting Dr. S entered the room. However the claimant was agitated and shouting and the meeting was terminated by Dr. A and the claimant was handed the letter of dismissal. The claimant was asked to return her fob to a colleague and Dr. S told the Tribunal that the claimant threw it at her colleagues face. The colleague in question told the Tribunal that the claimant threw the fob but not directly at her.
It was the respondent’s position that the claimant’s position was untenable and that they had no option but to dismiss her.
Claimant’s position:
The claimant denied having ever received a written or verbal warning in relation to her behaviour prior to the incident of 25th July 2013.
In relation to what occurred on 25th July 2013 the claimant contended that she did not shout or act in an aggressive manner towards Dr. S but that Dr. S stomped her feet and pointed at the claimant. Later that evening the claimant phoned Dr. S at home in an attempt to resolve matters and was told that Dr. A would “have a chat with her tomorrow”. However the following day Dr. A convened a meeting with the claimant and at the outset handed her the letter of dismissal and told her to return her fob to a colleague. The claimant denied being aggressive or shouting at this meeting and told the Tribunal that she was not given any opportunity to discuss the events of the previous evening involving her and Dr. S. The claimant placed the fob on her colleague’s desk and duly left the premises.
The claimant was only notified that morning of the meeting on of 26th July 2013 and was not given an opportunity to be represented or accompanied at that meeting. At no point was the claimant given a right to appeal internally against her dismissal.
It was the claimant’s position that she was unfairly dismissed contrary to fair procedures.
Determination
The Tribunal considered the evidence and all of the submissions made. There was a broad divergence in relation to the facts. However, it is undisputed that there was little notice of the meeting of 26 July 2013 at which the Claimant was asked for an explanation of the events of 25 July 2013, and that a letter of dismissal had been written before an opportunity was given to the Claimant to give her account and explain what had happened.
The Tribunal finds that the conclusion was foregone and that the dismissal was unfair because of the lack of fair procedures. The Tribunal finds that the appropriate remedy is an award of compensation, given the fractious history of the ending of the employment relationship, the small nature of the workplace and the submissions of the parties, in particular of the Respondent.
In the circumstances, however, the Tribunal finds that the Claimant contributed substantially to the financial loss occasioned by her dismissal pursuant to section 7 (2) of the 1977 Act as amended. In particular, the Tribunal finds that the Claimant had a history of loud insubordination without concern for the presence of patients in the surgery environment culminating in the events of 25 July 2013. Therefore in all the circumstances, the Tribunal awards the claimant €7,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)