Patrick Maples v Aer Lingus Plc

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date30 January 1998
Judgment citation (vLex)[1998] 1 JIEC 3001
Date30 January 1998

Employment Appeals Tribunal

Patrick Maples v Aer Lingus plc

Abstract:

Dismissal - Overtime claim overstated - Complaints of work practices - Disciplinary hearing and appeal process - Unfair Dismissals Acts 1977 to 1993 - Minimum Notice and Terms of Employment Acts 1973 to 1991.

EMPLOYMENT. APPEALS TRIBUNAL

CASE NO.

UD456/96 MN1907/96

CLAIM(S) OF:

Patrick Maples, 664 Collins Avenue Extension, Dublin 9

against

Aer Lingus Plc Uk, Dublin Airport, Co. Dublin.

under

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. J. Revington B L

Members:

Ms. C. Carroll

Mr. S. O'Donnell

heard this claim at Dublin on 16th January 1997

and 28th April 1997

and 1st September 1997

and 2nd September 1997

and 24th October 1997

Employment Appeals Tribunal (Mr J. Revington, BL (chairman), Ms C. Carroll and Mr S. O'Donnell) Dublin.

Claimant worked for Aer Lingus initially as a transport driver and after promotion as duty transporter supervisor. Complaints about his manner and attitude were made by other drivers and supervisors. In a four-week period in early 1996, four incidents allegedly took place which combined in his dismissal: (1) Incorrect times were claimed in his clock card for overtime; (2) Ignored a radio call from a driver; (3) He left work at 10.45pm when he was not due to leave until 1:00a.m. and his clock card showed clock out time 1:00 a.m; (4) He was spotted drinking in a public house when he claimed he could not work due to illness. He was dismissed in April 1996 after a disciplinary hearing and the appeal process. The Tribunal determined that the dismissal was unfair. They found that the respondents were not aware of the ongoing practices in the transport section. The Tribunal said this did not justify the claimants conducts and found the claimant had contributed substantially to his own dismissal. Claimant award £17,500 compensation for unfair dismissal. Claim under the Minimum Notice and Terms of Employment Acts were dismissed.

1

The determination of the Tribunal was as follows:

2

The Tribunal heard detailed evidence from witnesses on behalf of the claimant and the respondent.

3

The claimant commenced working in Aer Lingus as a transport driver on 1st May, 1973, he continued in this employment and was promoted to duty transport supervisor in April, 1990.

4

A supervisors...

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