Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   223/09

 

 

 

CLAIMANT:            Michael Walsh      

 

 

RESPONDENT:       McAloon Construction Ltd       

 

 

 

DECISION

The unanimous decision of the tribunal is that the claimant was unfairly dismissed by the respondent.  The respondent failed to follow the Dispute Resolution Procedures and the tribunal decided that an uplift of 25% is appropriate.  The amount of compensation payable by the respondent to the claimant will be determined by the tribunal and notified to the parties as soon as possible.  

 

Constitution of Tribunal:

Chairman:              Mrs M Watson                

Members:              Mr P Killen

                              Mr R Gunn

 

Appearances:

 

The claimant appeared in person and represented himself.

 

 

The respondent was represented by Mr Stephen McAloon, Managing Director

 

1.       The following decision was communicated orally to the parties at the end of the hearing.

2.       This is a claim of unfair dismissal by the claimant, Michael Walsh, arising from his dismissal by the respondent, McAloon Construction Ltd on 6 November 2008.  The respondent company gave the reason for the dismissal as gross misconduct, a potentially fair reason for dismissal under Article 130 of the Employment Rights (Northern Ireland) Order 1996.

 

 

3.       However, the respondent did not comply with the statutory Dispute Resolution Procedures.  In answer to a request for the reason for the dismissal from the claimant, the respondent wrote to the claimant on 20 November 2008 and said he had been summarily dismissed for gross misconduct and invited him to an appeal hearing on Tuesday 2 December 2008.

 

4.       The tribunal does not consider that the meeting which took place on 2 December 2008 was in the nature of an appeal hearing or that it could be considered as indicating an intention to follow the Modified Procedure.

 

5.       The tribunal therefore find that the claimant was automatically unfairly dismissed under Article 130A of the 1996 Order.

 

6.       With regard to compensation, the tribunal find that the failure to follow the statutory procedures was wholly attributable to the actions of the respondent.  As such, the tribunal is required to consider whether it will apply uplift to the compensation to be awarded to the claimant.  In all the circumstances of this case, the tribunal considers that an uplift of 25% is appropriate.

 

7.       The reasons for this decision and the amount of compensation payable by the respondent to the claimant will be determined by the tribunal and forwarded to the parties as soon as possible. 

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         11 March 2010, Enniskillen

 

 

Date decision recorded in register and issued to parties: