Tribunal awards €32k to former print firm worker

A PRODUCTION technician has been awarded more than €32,000 after taking a case for unfair dismissal against his former employer, Cork printing company Webprint.

The Employment Appeals Tribunal heard from company representatives that on November 4, 2008, when the claimant, Gary Robinson, went missing for a period of his shift. When he returned, the engineering manager sought an explanation for the absence.

The manager also looked at CCTV and found that a similar incident happened on the previous night.

The company also referred to a letter dated June 2007 when the claimant was given a final written warning due to not being able to find an important spare part. Management said that while the claimant said the part was not there, it was later located and that he asked a colleague to state that the part was incorrectly stored.

According to the company, when two absences from his shift were discussed with Mr Robinson, he gave an explanation for the second day saying he had to go to the pharmacist because he was ill. However, he gave no explanation for the first day.

He was dismissed for gross misconduct on November 19, 2008.

In his submission, Mr Robinson claimed on the night of the incident he had flu but he said the engineering manager instructed him to come to work. While at work he went to the pharmacy to get flu tablets and went home and relaxed after taking the tablets before going back to work, he said.

He said that when he met the engineering manager on November 5, he did not realise it was a disciplinary matter and that his job was on the line as he had numerous meetings with that manager.

In its ruling, the tribunal said the company had satisfied it that the behaviour of the claimant amounted to misconduct and warranted some disciplinary action.

“However the tribunal finds that the claimant’s behaviour was not gross misconduct and that a lesser sanction than dismissal would have been more appropriate,” it said.

“The claim under the Unfair Dismissals Acts, 1977 to 2007, succeeds and the claimant is awarded the sum of €30,000. The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 also succeeds and the claimant is awarded the sum of €2,307.02.”