Andronachi v TNS Barrier Services Ltd [EAT]



CASE NO. UD1669/2010


Valeriu Andronachi, 121 Raheen Park, Ballyfermot, Dublin 10
Tms Barrier Services Limited, Unit 1A, Cavan Enterprise Centre, Dublin Road, Cavan, Co Cavan

Claimant: Mr. Paul Henry, Siptu, Membership Information & Support, Liberty Hall, Dublin 1

Respondent: Ms Marie Durcan, Private Consultant, Old Melifont Road, Begrath, Drogheda, Co.Louth

Eirinn McKiernan & Co, Solicitors, 11 Ashe Street, Cavan


The determination of the Tribunal was as follows:


The former HR manager explained that the claimant was dismissed for failure to provide documentary evidence that he had brought his child to hospital on a day he was absent from work. This resulted in the claimant being absent from work for two to three days. It was company policy that employees provide documentation if you were absent from work. During the course of the hearing it was established that the date the claimant brought his child to hospital was the Friday 23 rd April 2010. The respondent maintained that the claimant was due in to work on Saturday 24 th and Sunday 25 th April and had failed to report to work on these days. However the claimant maintained he had contacted his immediate supervisor to inform him of situation on the Friday and further that he was not rostered to work that weekend. The respondent did not have the work rota of that week at the hearing. The claimant reported back to work on Monday 26 th April 2010.


The HR manager approached the claimant about this absence when she was informed about it on the 5 thMay 2010 and requested that he provide documentary evidence that his child was in hospital on the days in question. She referred the claimant to the company handbook. The claimant reverted back to her and informed her that he couldn't bring in this documentation. The HR manager suggested that he obtain a letter from his GP who had referred the child to hospital, theclaimant in evidence could not recall this. The HR manger recalled at various times she requestedthis documentation from the claimant, verbally and wrote to the claimant requesting same on the 10 th May 2010 and 19 th May 2010. Both of these letters state that failure to comply with this requestwould result in disciplinary action. The claimant was absent on sick leave since 7 th May 2010.


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