Foran v Golden Ltd

• Jurisdiction: Ireland
• Judgment Date: 25 November 1998
• Judgment citation (vLex): [1998] 11 JIEC 2501
• Date: 25 November 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Foran v Golden Ltd

Representation:

Claimant:(s )

Mr P. Ward BL instructed by BCM Hanby Wallace, Solicitors, St Michael's Close, 1 High Street, Dublin 8.

Respondent: ( s )

Mr. F.. Gleason BL instructed by Mason Flayes and Curran, Solicitors, 6 Fitzwil1iam Square, Dublin 2.

Abstract:

Dismissal - Forged signatures on trading documents.

EMPLOYMENT APPEALS TRIBUNAL

CASE NO

UD683/ 98 MN1806/98

CLAIM(S) OF

Emmett Foran , 2 Heather Park, Harley Wood, Rathfarnham, Dublin. 16

against

Golden Ltd. , 88 Lower Leeson Street, Dublin 2

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 1991 UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr. D. Mac Carthy SC

Members : Mr C. Ormond / P. Harrington

heard this claim at Dublin on 13th November 1998

The claimant was dismissed after it was known that he forged customer signatures on trading agreements. Claimant admitted forging the signatures but contended that oral agreements had been made, that he had not been trying to inflate his sales figures and that he had nothing to gain from it.

The Tribunal determined that the forging of a signature on a contractual agreement is gross misconduct such as to warrant dismissal. Society depends on the authenticity of such signatures.

1 The claimant was dismissed in June 1998 after it became clear that he had forged customer signatures on trading agreements - He admitted forging the signatures but contended that: oral agreements had been made, that he had not been trying to inflate his sales figures and that he had nothing to gain from forging the signatures.

Determination

2 The Tribunal determines that the forging of a signature on a contractual agreement is...