O'Dwyer v Suggard Trading Ltd

• Jurisdiction: Ireland
• Judgment Date: 10 August 1999
• Judgment citation (vLex): [1999] 8 JIEC 1001
• Date: 10 August 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

O'Dwyer v Suggard Trading Ltd

Claimant worked in respondent's hotel. After hours it was custom of staff to have a drink. Claimant had good work record although he had received many warnings from his employers and these related to the consumption of alcohol when off duty. An incident occured after a disco in the hotel in which the claimant and his girl friend were seen by other members of staff engaged in a sexual act in the ladies toilet. Claimant denied incident but failed to explain why he was in the ladies toilet. Respondent dismissed the claimant for misconduct. The tribunal determined that there was a conflict of evidence but on balance accepted the evidence of the respondent and...