Kearney v Contract People Ltd and Irish Shell Ltd

• Jurisdiction: Ireland
• Judgment Date: 24 March 1999
• Judgment citation (vLex): [1999] 3 JIEC 2401
• Date: 24 March 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Kearney v Contract People Ltd and Irish Shell Ltd

Abstract:

Dismissal - Discrepancies in bank lodgments - Investigation - Dismissal - Whether dismissal fair

At the outset there was a preliminary issue as to whom was the correct defendant and it was resolved that Irish Shell was. Claimant was site manager of an Irish Shell petrol station. He was responsible for lodgments of cash to bank. A discrepancy arose in regard to two such lodgments. On being interviewed the claimant accepted that as manager he was ultimately responsible but denied that he was responsible for the shortfall. The missing amounts were subsequently lodged to the account without any proper documentation and the lodgment slip had handwritting similar to that of the claimant. Claimant acknowledged the similarity of the writing but denied it was his. He stated he was financially secure, had no reason to steal the money and consistantly denied any wrongdoing. After investigation by the respondent, he was dismissed. The Tribunal...