A man who was let go from his job for allegedly falsifying timesheets has been awarded €25,000.
In the case before the Labour Court, the amount was awarded to the man after his dismissal in April 2016 was deemed procedurally unfair.
While the court determined that the man did in fact falsify his timesheets and over-claimed for hours he purported to work, it was found that his employer failed to follow proper procedure with regards to his dismissal in that they did not provide him with sufficient prior notification of an investigatory meeting.
The Labour Court also found that the man’s former employer was in breach of fair procedures by allowing a representative to take part in both the disciplinary and investigative meetings.
Although the man was awarded the sum of €25,000, the Labour Court stated it was satisfied that the actions taken by the former employee nevertheless warranted dismissal for his gross misconduct and breaking the bond of trust between employee and employer.
What is an unfair dismissal?
Under the Unfair Dismissals Acts 1977-2015, unfair dismissal can occur where:
Your employer terminates your contract of employment, with or without notice.
You terminate your contract of employment, with or without notice, due to the conduct of your employer. This is known as constructive dismissal.
While the legislation does not protect you from being unfairly dismissed, it does offer you legal avenues to pursue should you question its fairness.
If you have been dismissed from your employment, you have the legal right to bring an unfair dismissal case against your employer, provided that certain conditions are met.
You will have to show that you qualify to bring a claim under the relevant legislation. If so, and your employer accepts that they dismissed you, they will be required to prove that grounds for the dismissal were fair and legitimate. Barring cases of constructive dismissal, a dismissal is generally considered to be unfair unless your former employer can adequately detail their reasoning and justification for its decision.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.