EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Eamonn Keating UD927/2013
-claimant
against
Cappoquin Poultry Limited T/A Cappoquin Chickens
-respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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 27th November 2014
Representation:
Claimant: Ms Jennifer O' Sullivan, Ronan Daly Jermyn Solicitors,
2 Park Place, Citygate Park, Mahon, Cork
Respondent: Mr. Michael Butler, Butler & Co., Insolvency Practitioners,
Carrick House, 49 Fitzwilliam Square, Dublin 2
Determination:
There was no appearance for the Respondent and the Claimant’s evidence was uncontested.
The Respondent Company had set out both its Disciplinary and Grievance Procedures in the Claimant’s Contract and the Company Handbook.
The Tribunal is satisfied that the investigation of the complaint against the Claimant was concluded without him being afforded the requested opportunity to engage in the Process. Further, the Claimant was denied access to information and documentation that were required by him to adequately represent his position at the Disciplinary Meeting. There appears to have been an element of prejudgement on the part of the Respondent and the Tribunal does not consider that the Claimant’s Dismissal was warranted.
The appeal process, such as it was, amounted to no more than a “rubber stamping” exercise which was a further denial of due process to the Claimant.
In this instance, the Claimant was unfairly dismissed. The Tribunal awards the Claimant €35,000 by way of Compensation under the terms of the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)