Aherne v Castlemahon Food Products

• Jurisdiction: Ireland
• Judgment Date: 21 April 1999
• Judgment citation (vLex): [1999] 4 JIEC 2101
• Date: 21 April 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Aherne v Castlemahon Food Products

Abstract:

Dismissal - Contribution by claimant - Wrong doing - Disciplinary hearing proceeding after suicide of witness - re-engagement - Partial re-engagement

Respondent's business was chicken production. There was a procedure to ensure that chickens that had passed their “sell by” date would not re-enter the human food chain. One customer, who had grey hounds took, by permission, these chickens for the dogs. On one accasion another man, Mr B was seen also taking such chickens, without permission and being assisted by the claimant. When challenged on this the claimant initially denied assisting Mr B but later admitted it. A final disciplinary meeting was to reslove the matter. Mr B had earlier admitted taking the chickens but on the day of the final hearing Mr B committed suicide. The meeting went ahead and the claimant was dismissed. The Tribunal determined the dismissal was unfair as insensitive that the meeting would proceed after hearing of Mr B's suicide and it was not made sufficiently clear to all employees that product that this...