Andronachi v TNS Barrier Services Ltd [EAT]

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 05 January 2012
• Judgment citation (vLex): [2012] 1 JIEC 0501
• Docket Number: UD1669/2010
• Date: 05 January 2012

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD1669/2010

CLAIM(S) OF:

Valeriu Andronachi, 121 Raheen Park, Ballyfermot, Dublin 10

claimant

and

Tms Barrier Services Limited, Unit 1A, Cavan Enterprise Centre, Dublin Road, Cavan, Co Cavan

respondent

Representation:

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

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Ms N. O'Carroll-Kelly BL

Members: Mr P. Pierce

Mr C. Ryan

heard this claim at Dublin on 5th January 2012

1 The determination of the Tribunal was as follows:

2 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...