EMPLOYMENT APPEALS TRIBUNAL
Bernard O'Toole (claimant)
Alaa Sungoqiah T/A German Auto Components (respondent)
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly Bl
Members: Mr M. Noone
Mr. J. Dorney
heard this claim at Dublin on 13th November 2015
Claimant(s) : In person
Respondent(s) : John Curran B.L. instructed by Michael Hayes & Co, Solicitors, 5 Sundrive Road, Dublin 12
The determination of the Tribunal was as follows:
The claimant commenced work with the respondent on a Fas scheme in June 2012. On completion of the scheme the respondent employed him. There were issues with the standard of his work, however he did not receive any formal warning under the company grievance procedure. Matters came to a head on 16th September, 2014. An order was not processed for a new customer and the respondent had to ‘have words’ with the claimant in relation to it.
The claimant became very aggressive and following an outburst stormed out. That was followed by a series of aggressive text messages. Based on the content of the messages the respondent felt he had no option but to dismiss him. The claimant was summarily dismissed on the morning of the 17th September, 2014. He returned a few hours later and collected his P45/holiday pay. Whether or not he received his letter of dismissal is in issue. However, neither party was in any doubt that he was dismissed.
Procedurally, the respondent’s case is weak. There was no investigation, no disciplinary hearing and no right of appeal. On that basis the Tribunal find, based on the lack of procedures, that the dismissal was unfair.
The claimant got a job two weeks after his dismissal at remuneration in excess of the rate he was on with the respondent. On that basis he has no loss.
The Tribunal find that despite the lack of fair procedures on the part of the respondent, the claimant contributed to his own dismissal. The Tribunal calculate that contribution at 75%.
On that basis the Tribunal make an award of €400 under the Unfair Dismissal Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal