Wynne v Roscommon Natural Spring Water Company Ltd

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date06 October 1998
Judgment citation (vLex)[1998] 10 JIEC 0601
Date06 October 1998

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

Abstract:

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.

The determination of the Tribunal was as follows:-
Respondents Case:
1

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

2

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.

3

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.

4

The Tribunal finds it most...

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