EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Paudie Broderick UD1274/2008
Bon Secours Health System Limited
UNFAIR DISMISSALS ACTS 1977 TO 2015
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr. L. Tobin
Mr M. O'Reilly
heard this claim at Dublin on 23rd February 2017
and 22nd May 2017
and 23rd May 2017
Claimant: In Person
Respondent: Mr David McCarroll, RDJ Glynn, Solicitors, Aengus House, Long Walk, Galway
The determination of the Tribunal was as follows:-
The claimant was employed from the 14th of November 2003 as a General Maintenance operator in the respondent’s private hospital firstly on a number of short term contracts. He was in continuous employment from the 4th of October 2004 until the 18th of June 2008. He was in receipt of a weekly gross wage of €689.25.
In July 2006 the claimant was absent on a period of certified medical leave. On the 9th of July 2006 the claimant resigned his position, submitting his letter of resignation to the then HR Manager (JK). Having discussed the matter the claimant withdrew his resignation and returned to work on the 13th of November 2006.
On the 13th of November 2006 made a bullying and harassment allegation against a colleague (GR – who was also the claimant’s brother-in-law). The claimant stated this treatment had been ongoing for the previous two years. The claimant also complained in respect of the control he perceived GR had over his employment relationship with the respondent. The claimant’s report system changed.
The complaint was investigated by an independent investigator (Dr. A) in July 2007. Dr. A found the claimant’s complaint to be unfounded.
The claimant was absent on unauthorised leave for a week in January 2008. On his return the claimant began writing notes.
On the 17th of January 2008 the respondent requested the claimant attend a meeting on the 22nd of January 2008 to discuss his unauthorised absence. He was also invited to attend a disciplinary meeting the same day to discuss his use of a Dictaphone without prior knowledge of the parties involved. The meetings did not take place. The claimant submitted a medical certificate on the 18th of January 2008 and remained on sick leave until the 18th of April 2008.
A disciplinary meeting was held on the claimant’s return to work to discuss 4 issues:
- Unauthorised absence from work for the period of the 7th to the 14th of January 2008.
- Inappropriate interactions with Line Managers together with the claimant’s practice of taking notes of ordinary everyday work conversations.
- Refusal to engage with the Human Resources Department in respect of their dispute resolution efforts.
- Inappropriate use of Dictaphone to record conversations at work without notice to those being recorded.
It was found that the claimant had behaved inappropriately without proper explanation. The claimant was dismissed.
The claimant appealed the decision. The appeal hearing took place on the 22nd of July 2008. The decision to dismiss was upheld.
The hearing resumed on 22nd May 2017 and was to resume for two days i.e. 22nd May and 23rd May 2017. There was no appearance for or on behalf of the claimant on 22nd May 2017.
The claimant had applied for and had been granted witness subpoenas by the Tribunal. He was to inform the secretariat of the addresses of the witnesses to process the subpoenas; however he could not or would not do so. The claimant had also been asked to supply evidence as to his loss to the Tribunal before the resumed hearing date of 22nd May 2017, and he did not do so.
The claimant had contacted the Tribunal secretariat by e-mail at 03:16 a.m. on the morning of 22nd May 2017. He stated that he “had difficulties and am now exhausted, unable to attend todays hearing..”.
The Tribunal note that the claimant was properly notified of the hearing. The claimant did not apply for a postponement nor did he instruct any person to apply for a postponement on his behalf. The Respondent representatives and witness’ were in attendance on 22nd May 2017. The Respondent representative applied for the matter to be dismissed for want of prosecution.
Accordingly, the Tribunal dismiss the claim under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal