Prime Pods Ltd (respondent/appellant) v John F. Connolly [Employment Appeals Tribunal]

• Jurisdiction: Ireland
• Judgment Date: 26 August 2010
• Judgment citation (vLex): [2010] 8 JIEC 2602
• Date: 26 August 2010
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

Representation:

Employer: In Person

Employee: Mr. Noel Murphy, Independent Workers Union, Head Office, 55 North Main Street, Cork

Abstract:

Employment law - Unfair dismissals - Appeal of Rights Commissioner�€�s decision - Workplace accident - Dispute over cause of accident - Dismissal or resignation - Dismissal disputed - Unfair Dismissals Acts 1977 - 2007

CLAIM OF:	CASE NO:
Prime Pods Limited, City North Business Park, John F Connolly Road, Churchfield, Cork - claimant	UD1064/2010

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

Mariusz Szulhan, 10 Sunnyside, Macroom, Co. Cork - respondent

under

UNFAIR DISMISSALS ACTS, 1977 T0 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Ms K. T. O�€�Mahony
Members:	Mr. P. Casey
	Mr. J. Flavin

heard this appeal in Cork on 26th August 2010

Facts The claimant injured his hand at work and later reported it to his manager who requested he write a report on it. His hand got worse and he went to a doctor and later got it x-rayed. The respondent took the view that the accident was his own fault and he was seeking to claim against them. A meeting took place of which there was a dispute in evidence as to what transpired. The claimant, who was not accompanied to the meeting, claimed that his version of how he injured himself was questioned and he was requested to change his report of the accident. The respondent claimed that at the meeting the claimant left and had resigned and denied that he had been dismissed.

Held by the Tribunal found that the meeting of the parties was crucial in determining whether dismissal had occurred. The accepted the claimant became nervous and left the meeting and regardless of what he might have said his subsequent actions were not those of a person who had just resigned. The Tribunal found there had been a dismissal and awarded the claimant €18,500.

Reporter: BD

1 This case came before the Tribunal by way of an employer�€�s appeal against the recommendation of a Rights Commissioner r-084003-ud-09 JOC.

2 Dismissal is in dispute in this case. The appellant is referred to as the employer and the respondent as the employee herein.

3 Employee�€�s Case

4 The respondent manufactured bathroom pods. The employee commenced employment with the respondent in autumn 2007 cutting and driving a forklift for the employer. The employee injured his hand in the course of his employment on 11 November 2008. He ultimately reported the accident to his supervisor/manager (SOB), who said he would write...