EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD333/2014
MN128/2014
CLAIM(S) OF:
Krzysztof Karski
- claimant
Against
A.S Cars Limited - respondent 1
D.S. Cars Limited - respondent 2
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: Ms P. McGrath B.L.
Members: Mr C. Lucey
Mr F. Barry
heard this claim at Dublin on 13th May 2015
Representation:
Claimant(s) :
Mr Eamonn O'Hanrahan, O'Hanrahan Solicitors, 31 Fairview Strand, Fairview, Dublin 3
Respondent 1: In person
Respondent 2: No appearance by or on behalf of respondent 2
The determination of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the second named respondent. The claimant gave evidence that he was employed by the two named respondents.
In the course of his employment with the respondent the claimant together with his colleague took a length of cable they believed to be redundant and of no use to their employer and sold it to a scrap yard for the sum of €50.00. Regardless of their genuinely held belief that the cable would not be missed or needed by their employer they did not own the cable and were not entitled to sell it to a third party.
There can be no doubt that there was a fundamental breach of the trust and confidence and that the relationship is irreparably damaged. The Tribunal acknowledges that whilst the procedures in terms of conducting an investigation were imperfect the Tribunal cannot find that the ultimate decision to dismiss was unfair.
The claim under the Unfair Dismissals Acts 1977 to 2007 is dismissed.
The first named respondent paid the claimant the sum of €175.00 in lieu of half of the minimum notice due, therefore the claim against the first named respondent is dismissed.
The Tribunal awards the claimant €175.00 in lieu of minimum notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 against the second named respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)