Case Name and Reference: Kelly v O’ Keefe Insulation Services Limited (UD 987/2009, MN 1005/2009)
Court or Tribunal: Employment Appeals Tribunal (“EAT”)
Legislative Reference: Unfair Dismissals Acts, 1997 to 2007 (the “UD Acts”), Minimum Notice and Terms of Employment Acts, 1973 to 2007 (“MNTEA”)
Jurisdictions/Subject Matter: Purported Performance Dismissal

Facts

The claimant (“employee”) commenced work in January 2003 as a Quantity Surveyor. He was promoted to Contracts Manager after four months and became General Manager of the Dublin office in May 2006.

The employee was called to attend a meeting with the Company’s Director (“employer”) and the General Manager on 8 December 2008 at the head office in Cork. The employer indicated that he was unhappy with the employee’s performance