Garvey v Mulheron Ltd T/A Tramco

• Jurisdiction: Ireland
• Judgment Date: 17 May 2004
• Judgment citation (vLex): [2004] 5 JIEC 1702
• Date: 17 May 2004
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Garvey v Mulheron Limited T/A Tramco

Representation:

Claimant(s):

John McGuigan, BL, instructed by Roger McCormack, Rutherfords, Solicitors, 41

Fitzwilliam Square, Dublin 2

Respondent(s):

Mr. John Barry, Management Support Services (TA) Limited,

D'Olier Chambers, D'Olier Street Dublin 2

Abstract:

EAT - Employment - Gross misconduct - Unfair Dismissals Acts, 1977 to 2001 - Minimum Notice and Terms of Employment Acts, 1973 to 2001 - Organisation of Working Time Act, 1997 - Whether the claimant's dismissal was justified on the grounds of gross misconduct.

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1242/2003 MN2641/2003

WT335/2003

CLAIM(S) OF:

Ross Garvey, Annagh Bully Keeran, Athlone; Co Westmeath

against

Mulheron Limited T/A "Tramco", 121 Lower Rathmines Road, Dublin 6

Mulheron Limited, Ardee Court, Ardee Road, Dublin 6

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2001

ORGANTSATION OF WORKING TIME ACT, 1997

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Ms P. Mc Grath

Members:

Mr C. McHugh

Mr S. Nolan

heard this claim at Dublin on 5th April 2004

Facts The claimant was employed as a barman in a large bar in Dublin's south side by the respondent company. An employee of a company that managed the respondent company gave evidence that he was approached by the manager of the respondent company and informed that the claimant had held a party at his house in which drugs were taken. That witness requested the manager to investigate the matter and he was subsequently informed by the manager that the claimant had offered drugs to a staff member on the respondent's premises. Consequently, the claimant was dismissed on 27 June 2003. The witness received correspondence from the claimant and a meeting was held on 12 July 2003 at which the dismissal was withdrawn and the claimant was suspended pending further investigation. The claimant requested his P45 prior to that meeting. Further meetings took place and the witness stated that a letter dated 25 August 2003 addressed to the claimant's solicitors was a suspension. The witness requested a disciplinary meeting but that never took place. The claimant subsequently requested his P45 but the witness stated that as the claimant was going through the disciplinary procedure or resignation he could not obtain his P45. The claimant gave evidence that when he attended work on 27 June 2003 he was taken aside by the manager and informed that he was no longer welcome on the premises as a customer or as an employee. The claimant obtained alternative employment following his...