Dunne v Corrigeen Construction Company Ltd

• Jurisdiction: Ireland
• Judgment Date: 21 May 2007
• Judgment citation (vLex): [2007] 5 JIEC 2101
• Date: 21 May 2007
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Dunne (claimant) v Corrigeen Construction Company Ltd (respondent)

Abstract:

Employment - Termination of employment - Unfair dismissal - Fair procedures - Witnesses - Whether witnesses should have given evidence at disciplinary hearing - Whether fair procedures followed prior to dismissal - Whether claimant unfairly dismissed - Unfair Dismissals Acts 1977 to 2001

EMPLOYMENT APPEALS TRIBUNAL

Case No.

UD944/2006

Claim Of:

Frank Dunne, Clonamone, Ballybrittas, Portlaoise, Co. Laoise

Against

Corrigeen Construction Company Limited, Tower Hill, Portlaoise, Co. Laoise

Under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Mr. T. Halpin B. L.
Members:	Mr P. Pierson
	'Mr. S. O'Donnell

heard this claim at Portlaoise on 28th March 2007

Facts the claimant was employed as a general manager in the respondent's carpet shop. He engaged in an “off the books” transaction with a customer as a means of providing the customer with a carpet for a cheaper price. He paid Eur300 of that price to the fitter. When asked to attend a disciplinary meeting with the respondent to investigate the transaction, the claimant refused. He was dismissed.

Held in awarding the claimant four weeks pay reduced by 50% (Eur680) under the Unfair Dismissals Acts and dismissing his claim under the Minimum Notice and Terms of Employment Acts that the claimant was unfairly dismissed as the investigation process was flawed in that two crucial witnesses were not present. Thus the finding of the investigation was based on incomplete evidence. However, the claimant contributed to his dismissal by the outrageous manner in which he spoke to his employer.

1 The determination of the Tribunal was as follows:

Respondent's Case:

2 Giving evidence Mr. K told the Tribunal the claimant commenced employment with the company in January 2001. The claimant was at first based on the site of a multi-storey car park and cinema. He was employed as a general operative. The claimant was moved to another site that was to be developed into a hotel and golf clubhouse. The claimant worked as a labourer on this site. In October 2003 the claimant was involved in an accident and was absent on sick leave for a period of time before his return to work. The claimant was given notice in May 2006 that he was being made redundant. The claimant's last day of employment was the...