EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Employee - claimant UD580/2012
Employer - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. D. Morrison
Mr M. McGarry
heard this claim at Castlebar on 5th November 2013
Claimant(s) : Mr Justine Sadleir, Sadleir Lynch Pierse, Solicitors,
Crow Street, Gort, Co Galway
Respondent(s) : no appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Summary of Evidence
The claimant commenced employment in August 2010. The respondent company operates as a contract cleaning company. The claimant had no disciplinary matters on her record over the course of her employment. She recalled a minor incident on the 26 October 2011 at the office where she was based where she was wrongly accused of not knocking on and office door before entering. Her employment was uneventful until the 14 December 2011 when a work colleague had found a broken wooden toilet seat and sought permission to bring it home to burn as fire wood. The colleague whom she was accompanying that day left the item behind as she had not got permission.
The following morning the claimant was suspended. Her suspension related to her colleagues request to take a broken item away and she was informed that it was a serious matter requiring investigation. A disciplinary meeting was held soon after without any investigation. By letter dated the 20 February 2012 the claimant was advised that she was reinstated to her position. That offer was revoked in a subsequent communication and she was offered work at an alternative site with a different work pattern. The claimant did not accept that offer.
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent. The Tribunal heard the uncontested evidence of the claimant and find that she was unfairly dismissed.
The claimant was suspended without pay and without any reasonable explanation. The Tribunal note that the claimant was called to a disciplinary meeting before any meaningful investigation took place.
The Tribunal further note that the claimant’s job was advertised on the 16 December 2011 the day after the suspension.
The claim under the Unfair Dismissals Acts, 1977 to 2007, is successful and the Tribunal finds the appropriate award to be compensation in the sum of €1446.50.
Sealed with the Seal of the
Employment Appeals Tribunal