EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S. C.
Members: Mr. J. O'Neill
Mr M. O'Reilly
heard this claim at Dublin on 31st October 2013
Claimant: Mr. Kevin Callan B.L. instructed by,
Dorothy J. Walsh, Solicitors, 44 Laurence Street, Drogheda, County Louth
Respondent: In Person
Summary of Evidence
Dismissal is not in dispute in this case.
The claimant was dismissed for alleged theft. The claimant disputes stealing €5.00 as accused by the respondent. The respondent informed the Gardaí of the incident; the case was dismissed when it went to court. Brief CCTV footage was shown to the Tribunal. The assistant general manger undertook the investigation and subsequently dismissed the claimant at a disciplinary meeting. The assistant general manager was instructed by the Directors to dismiss the claimant. The claimant’s appeal would have been heard by one of the Directors.
The assistant general manager was not available to give evidence. The respondent’s case consisted of till receipts, brief CCTV and the evidence of one the Directors.
The claimant gave evidence of her loss and her attempts to mitigate her loss.
The claimant was dismissed for alleged problems arising from the till; the claimant denied any wrong doing. The Tribunal viewed CCTV footage and copies of certain documents. This did not amount to evidence of wrongdoing as alleged.
Section 6(6) of the Unfair Dismissals Act 1977 states;
‘In determining for the purposes of this Act whether the dismissal of an employee was an unfair dismissal or not, it shall be for the employer to show that the dismissal resulted wholly or mainly from one or more of the matters specified in subsection (4) of this section or that there were other substantial grounds justifying the dismissal.’
Section 6(1) of the Unfair Dismissals Act 1977 states,
‘Subject to the provisions of this section, the dismissal of an employee shall be deemed, for the purposes of this Act, to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.’
The dismissal therefore is deemed to be unfair under the Act and the Tribunal, having assessed financial loss award the claimant €18,000.00 in compensation.
Sealed with the Seal of the
Employment Appeals Tribunal