The claimant case surrounded an employee who worked as a truck driver for the respondent company.

The claimant said the problems began when he returned from sick leave, when the respondent accused the claimant of breaking the truck by driving it with the PTO engaged. The claimant denied this accusation and claimed he was not given information surrounding when this was alleged to have happened.

The claimant claimed that the managing director did not invite him to a disciplinary hearing but rather told the claimant that "he could accept 4 weeks' pay or he could walk.". The claimant subsequently left that day.

The respondent, on the other hand, claimed that on being presented with the written report showing that the damage to the truck had been caused by driving with the PTO engaged, the claimant refused to engage in a disciplinary meeting the following day but rather wanted it settled then and there. As a result the claimant, according to the respondent, proceeded to throw down the papers and walk out.

The tribunal stated that it appeared from the evidence that following the breakdown of the truck the managing director had formed the view that he no longer wanted to employ the claimant. The tribunal noted how the managing director failed to invoke any disciplinary procedure against the claimant and failed to provide the claimant with details of the allegation against him. It was on this basis that the tribunal found the dismissal to be unfair and consequently awarded the claimant €40,000.
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Practical Lessons from this case:

This case demonstrates the importance of ensuring that as an employer you notify employees of any allegations and the details of those allegations being made against them which could result in disciplinary proceedings. It further demonstrates that failure to follow any disciplinary procedure could result in the employer being found to have unfairly dismissed the employee.