Wynne v Roscommon Natural Spring Water Company Ltd
Jurisdiction | Ireland |
Judgment Date | 06 October 1998 |
Judgment citation (vLex) | [1998] 10 JIEC 0601 |
Date | 06 October 1998 |
Court | Employment Appeal Tribunal (Ireland) |
Employment Appeals Tribunal
Wynne v Roscommon Natural Spring Water Company Ltd
Representation:
Claimant(s):
Mr. Diarmaid O'Donovan B.L., instructed by Ms. Michelle Dolan, John J Carlos & Co, Solicitors, Strokestown, Co Roscommon
Respondent(s):
Tormey & Company, Solicitors, Castle Street, Athlone, Co. Westmeath
Dismissal - Sales representative - Customer visit sheets - Allegation that certain not visited by claimant - Minimum Notice and Terms of Employment Acts 1973 –1991 - Unfair Dismissals Acts 1977 - 1993
EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD4 70/98 MN1060/98
CLAIM(S) OF:
Gerard Wynne, Village View, Athleague, Co Roscommon
against
Roscommon Natural Spring Water Company Limited, Oran, Donamon, Co Roscommon
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 1991 UNFAIR DISMISSALS ACTS, l977 TO 1993
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. Berkeley B L
Members: Mr. P O'Grady , Mr. P. Clarke
heard this claim at Roscommon on 1st September 1998
The claimant worked as a sales representative for the respondent company. He had to complete call sheets of his customers. The respondent claimed that the claimant failed to contact some of his customers listed in the call sheets.
The Tribunal stated that the onus is on the respondent to prove that the dismissal was fair and reasonable in all circumstances. The responded failed to adduce such evidence and determined the dismissal as unfair. It awarded £1,575 for unfair dismissal and £200 under the Minimum Notice legislation.
Evidence on behalf of the respondent company, Roscommon Natural Spring Water Co Ltd, was given by Mr. Reggie Lee who joined the company in August 1997 as a Sales Manager
Mr Lee stated that, when he called to certain premises after the claimant had been dismissed, even though the claimant had written up sheets showing that he had made contact with these premises (he listed 4) he (Mr. Lee)was told that no one from the company had called for weeks, if ever, and in one instance the premises had closed down before Christmas.
The Respondent's representative was unable, through no fault of his own to inform the Tribunal about what Mr. Farrell or Mrs. Jones would have said about the Claimant's employment history and record with the Respondent. They were not present. at the hearing.
The Tribunal finds it most...
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