Tuesday 20 March 2018

Man who falsified work attendance loses unfair dismissal case and €24k payout

The Four Courts, Dublin
The Four Courts, Dublin

Saurya Cherfi

A Dublin man, who was sacked after allegedly falsifying his work attendance record, has lost an unfair dismissal case, and a pay-out of €24,000, in the Circuit Civil Court because of a last minute “blatant lie.”

Circuit Court President Mr Justice Raymond Groarke said that based on the evidence given on behalf of Nic Services Group Ltd, he was been determined to find in favour of former supervisor Anthony Doyle.

He said that Mr Doyle had “blatantly lied” under oath and the court now had to reconsider its view. 

Last year Anthony Doyle had successfully challenged his dismissal by Nic Services Group Ltd at the Employment Appeals Tribunal and had been awarded €24,000 compensation.

Today barrister Lauren Tennyson, counsel for Nic Services Group, said the company, which has its registered address in the UK, had not appeared at the Employment Appeals Tribunal hearing and was now appealing that decision.

Judge Groarke heard the company had, following an investigation, sacked Mr Doyle, of Greenfort Lawns, Quarryvale, Clondalkin, in October 2014 for several reasons including gross misconduct after having allegedly falsified his work attendance record on September 11 of that year.

Mr Doyle had denied the allegation and claimed he had been in work at Fonthill, Dublin, that day.  He claimed the disciplinary process had been unfair.

He told Judge Groarke that following his dismissal, he had not been allowed onto the company’s site so that he could have appealed the decision to dismiss him.  Ms Tennyson said it was the first time today that the company had heard this allegation.

The judge was told that Mr Doyle’s lawyers had been unaware of the allegation.

“I have no doubt that if that is what happened, Mr Doyle’s legal team would have been aware of it and would have challenged the company about it during cross-examination,” Judge Groarke said.

“I was determined to find in favour of Mr Doyle but I now utterly and completely disbelieve him when he says he was barred from entering the site.  If Mr Doyle is prepared to perjure himself for a matter of small importance, I have to disregard all of his evidence,” the judge said. 

Judge Groarke allowed the company’s appeal and dismissed the Tribunal’s determination.  He made no order for legal costs against Doyle, “only because the company did not attend the EAT hearing.”

Online Editors

Today's news headlines, directly to your inbox every morning.

Editor's Choice

Also in Irish News