Liam Long v G4S Security Services (Ireland) Ltd

• Jurisdiction: Ireland
• Judgment Date: 04 February 2009
• Judgment citation (vLex): [2009] 2 JIEC 0401
• Date: 04 February 2009
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Liam Long (appellant) v G4S Security Services (Ireland) Limited (respondent)

Representation:

Appellant:	In person
Respondent:	Mr. Tim O'Connell, Ibec, Confederation House, 84/86 Lower Baggot Street, Dublin 2

Abstract:

Employment law - Unfair dismissal - Fair procedures - Resignation - Whether appellant unfairly dismissed - Unfair Dismissals Acts, 1977 to 2001.

-EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:	CASE NO.
Liam Long, 14 Conrath House, Grace Park Road,	UD1116/2008

Drumcondra, Dublin 9 - employee

against the recommendation of the Rights Commissioner in the case of:

Liam Long, 14 Conrath House, Grace Park Road,

Drumcondra, Dublin 9 - employee

-v-

G4S Security Services (Ireland) Limited, 51 Bracken Road,

Sandyford Industrial Estate, Dublin 18 – employer

under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Mr D. Cagney BL
Members:	Mr G. Mc Auliffe
	Mr P. Trehy

heard this appeal at Dublin on 4th February 2009

Facts The appellant was a security guard and a former employee of the respondent who claimed he had been unfairly dismissed. The appellant gave evidence that he had been on duty one night, reading the newspaper and listening to the radio via his earphones. At circa 1.30 a.m. he opened the door of the room he was in to a person who was his duty service manager who told him to go home. The appellant disputed that he was asleep in the chair when the duty service manager arrived. The appellant opened his resignation letter to the Tribunal which he claimed he wrote because he was anxious and stressed. He also told the Tribunal that he received his letter of dismissal before he sent his resignation letter. The appellant agreed that he was on a final written warning when the alleged incident occurred. The duty service manager gave evidence that on the night in question he had tried to contact the appellant and ended up pounding on the doors outside the warehouse. Eventually with the help of a locksmith he gained entry with a colleague and found the appellant asleep on a chair. He told the appellant to report back on the following Monday. Evidence was also tendered on from a HR representative from the respondent. A formal meeting was held at which the appellant was present and represented and it was contended that the appellant had confirmed that he was asleep. At the meeting the appellant had said it had been a long time since he had done nights.

Held by the Employment Appeals Tribunal in rejecting the appeal. The Tribunal was satisfied that a dismissal did in fact take place in that the letter of dismissal was sent to and received by the appellant before he tendered his resignation in writing. It was also noted that the resignation was not formally accepted by the respondent, as such. The Tribunal was satisfied, having regard to all the evidence adduced, that the dismissal was not unfair and dismissed the appeal.

Background:

1 This case is before the Tribunal by way of an employee, (the appellant), appealing against the recommendation of a Rights...