Employment Tribunal Awards Men Found Sleeping On The Job
A recent decision by the Employment Appeals Tribunal concerning unfair dismissal highlights the importance for employers and employees in getting good legal advice when a problem arises.
The hearing information was published on 5/1/09 and can be accessed here. The County Waterford case concerned three men employed in a carpet factory who had been dismissed following CCTV evidence of irregular “clocking out” and literally sleeping on the job.
The Tribunal first found that the men’s claims could be brought despite the employer saying that the claims were lodged outside the relevant time limits. The Tribunal then decided that because proper procedures had not been followed in the dismissals the three men were entitled to compensation €13,554; €24,445 and €24,863 each. The Tribunal made the awards despite hearing evidence of fraud, including clocking out for others who had left work already and remaining clocked in but going for a sleep once a job had been completed.
This case is a warning to all employers that proper procedures for workplace grievances and dismissal must be in place and followed even where the case may seem “open and shut”.
The case also serves as a reminder to employees that wrongdoing by an employee will not prevent the Employment Appeals Tribunal from making a decision where the employer has not followed proper procedures.
We advise employers and employees to contact us for specific advice on their circumstances and responsibilities in Employment Law. Please contact us on 021 4652590 or info@diarmaidfalvey.ie for a discussion without obligation.
7 January 09