Man who was sacked for calling boss a 'moron' gets job back
Published 21/01/2013 | 05:00
A WORKER who was sacked for calling his boss a "moron" has been reinstated after a tribunal found he was unfairly dismissed.
Edward Boylan, of Kells, Co Meath, worked for United Parcel Service (UPS) at Mygan Business Park, Dublin, from November 2002 to September 2010 when he was dismissed for "abusive, objectionable and threatening behaviour".
The Employment Appeals Tribunal heard Mr Boylan was suspended following an outburst in August 2010 in which he allegedly called the manager "a f***ing moron". At a subsequent meeting with the HR supervisor, Mr Boylan admitted calling his manager a "moron" but denied swearing.
At a disciplinary meeting on September 1, 2010, the supervisor asked him to "note that it (the alleged incident) is a serious offence and . . . any action up to and including dismissal may be taken".
The tribunal found that "there was no basis for finding . . . that the claimant had been threatening in his behaviour. The dismissal of the claimant was, in all of the circumstances, unfair". The company was ordered to reinstate Mr Boylan immediately.
In a separate case, a former managing director of a roofing firm was awarded €140,000 after being unfairly dismissed.
Declan Lally, of Kilcolgan, Co Galway, was dismissed without notice by his fellow business partners at Window and Roofing Concepts Ltd, Dublin 12, and its other outlet in Crag Crescent, Clondalkin, after he failed to agree to a termination package.