UD1274/2008

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                      CASE NO.

Paudie Broderick                                                                                              UD1274/2008

-          Claimant

against

Bon Secours Health System Limited

-          Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2015

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms O. Madden B.L.

Members:     Mr. L. Tobin

                     Mr M. O'Reilly

heard this claim at Dublin on 23rd February 2017

                                       and 22nd May 2017

                                       and 23rd May 2017

Representation:

Claimant:         In Person

Respondent:    Mr David McCarroll, RDJ Glynn, Solicitors, Aengus House, Long Walk, Galway

The determination of the Tribunal was as follows:-

Background:

The claimant was employed from the 14^th of November 2003 as a General Maintenance operator in the respondent’s private hospital firstly on a number of short term contracts. He was in continuous employment from the 4^th of October 2004 until the 18^th of June 2008. He was in receipt of a weekly gross wage of €689.25.

In July 2006 the claimant was absent on a period of certified medical leave. On the 9^th of July 2006 the claimant resigned his position, submitting his letter of resignation to the then HR Manager (JK). Having discussed the matter the claimant withdrew his resignation and returned to work on the 13^th of November 2006.

On the 13^th of November 2006 made a bullying and harassment allegation against a colleague (GR – who was also the claimant’s brother-in-law). The claimant stated this treatment had been ongoing for the previous two years. The claimant also complained in respect of the control he perceived GR had over his employment relationship with the respondent. The claimant’s report system changed.

The complaint was investigated by an independent investigator (Dr. A) in July 2007. Dr. A found the claimant’s complaint to be unfounded.

The claimant was absent on unauthorised leave for a week in January 2008. On his return the claimant began writing notes.

On the 17^th of January 2008 the respondent requested the claimant attend a meeting on the 22^nd of January 2008 to discuss his unauthorised absence. He was also invited to attend a disciplinary meeting the same day to discuss his use of a Dictaphone without prior knowledge of the parties involved. The meetings did not take place. The claimant submitted a medical certificate on the 18^th of January 2008 and remained on sick leave until the 18^th of April 2008.

A disciplinary meeting was held on the claimant’s return to work to discuss 4 issues:

1. Unauthorised absence from work for the period of the 7^th to the 14^th of January 2008.
2. Inappropriate interactions with Line Managers together with the claimant’s practice of taking notes of ordinary everyday work conversations.
3. Refusal to engage with the Human Resources Department in respect of their dispute resolution efforts.
4. Inappropriate use of Dictaphone to record conversations at work without notice to those being recorded.

It was found that the claimant had behaved inappropriately without proper explanation. The claimant was dismissed.

The claimant appealed the decision. The appeal hearing took place on the 22^nd of July 2008. The decision to dismiss was upheld.

Determination:

The hearing resumed on 22^nd May 2017 and was to resume for two days i.e. 22^nd May and 23^rd May 2017. There was no appearance for or on behalf of the claimant on 22^nd May 2017.

The claimant had applied for and had been granted witness subpoenas by the Tribunal. He was to inform the secretariat of the addresses of the witnesses to process the subpoenas; however he could not or would not do so. The claimant had also been asked to supply evidence as to his loss to the Tribunal before the resumed hearing date of 22^nd May 2017, and he did not do so.

The claimant had contacted the Tribunal secretariat by e-mail at 03:16 a.m. on the morning of 22^nd May 2017. He stated that he “had difficulties and am now exhausted, unable to attend todays hearing..”.

The Tribunal note that the claimant was properly notified of the hearing. The claimant did not apply for a postponement nor did he instruct any person to apply for a postponement on his behalf. The Respondent representatives and witness’ were in attendance on 22^nd May 2017. The Respondent representative applied for the matter to be dismissed for want of prosecution.

Accordingly, the Tribunal dismiss the claim under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)