The Employment Appeals Tribunal has overturned a Rights Commissioner recommendation which stated that a technician dismissed for poor quality work was unfairly dismissed. (UD 2276/2010)
In the Employment Appeals Tribunal’s decision, the Tribunal did acknowledge shortcomings in the disciplinary procedure, most significantly the fact that it did not allow for the respondent to have a representative accompany him to the investigation meeting(s).
The Employee was originally dismissed for poor quality of workmanship as a cable technician, including cutting through a HDML cable, and he was also accused of falsifying time sheets. The respondent accepted that he had, indeed, falsified timesheets but claimed he did not gain any financial advantage to this.
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