Norbit Gnitecki v Tesco Ireland Ltd [Employment Appeals Tribunal]

• Jurisdiction: Ireland
• Judgment Date: 13 October 2010
• Judgment citation (vLex): [2010] 10 JIEC 1301
• Date: 13 October 2010
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

Representation:

Appellant: Mr. David Miskell, Mandate Trade Union, O�€�Lehane House, 9 Cavendish Row, Dublin 1

Respondent: Mr. Eamonn McCoy, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2

Abstract:

Employment law - Unfair dismissal - Disciplinary procedures - Fair procedures - Language difficulties - Past history of employee - Whether employee entitled to warnings prior to dismissal - Whether conduct of employer reasonable - Unfair Dismissals Acts, 1977 to 2007 - Minimum Notice and Terms of Employment Acts, 1973 to 2005.

APPEAL OF:	Norbit Gnitecki, 14 Longdale Terrace, Ballymun, Dublin 11 - Appellant
CASE NO.	UD1327/2009 MN1299/2009

against the recommendation of a Rights Commissioner in the case of

Tesco Ireland Limited, Gresham House, Marine Road, Dun Laoghaire, Co. Dublin - Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Ms. N. O�€�Carroll-Kelly B.L.
Members:	Mr. L. Tobin
	Ms. M. Maher

heard this appeal at Dublin on 30 June and 13 October 2010

Facts The claimant had been allegedly found asleep by one of his managers. A meeting was thereafter held at which the claimant allegedly became quite agitated. It was the view of the Duty Manager that the employee was unfit for work and the employee was sent home. Subsequently the claimant contended that he had been tired but denied that he had been asleep. At a disciplinary meeting the claimant contended that it had not been his intention to come across as aggressive. The claimant was subsequently dismissed on the grounds of serious misconduct.

Held by the Tribunal in finding in favour of the claimant. An interpreter should have been provided for the claimant as the employer was obliged to ensure that an employee understood everything. The claimant had an impeccable employment record with the respondent and this should have been considered in the investigation. The decision to dismiss the claimant had been unbalanced and disproportionate and the claimant would be awarded €7,500.

Reporter: R.F.

1 The determination of the Tribunal was as follows:

2 This case came before the Tribunal by way of an appeal by an employee against the recommendation of the Rights Commissioner in the case of Norbit Gnitecki V Tesco Ireland Limited (R-073138-UD-08/JC)

3 ...