This article is from page 12 of the 2014-08-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
THE Employments Appeal Tribunal (EAT) has found that a council foreman who allegedly threatened to set himself alight in a work van four years ago was unfairly dismissed.
Awarding Joseph Floyd Snr, Lower Main Street, Tulla, € 30,000 for unfair dismissal, the EAT also found that the Clare County Council employee was not given sufficient notice of his dismissal and awarded him just over € 4,000.
Clare County Council can appeal the finding to the Circuit Court.
While the EAT ordered the council to pay Mr Floyd compensation it ruled out his reinstatement.
On May 13, 2010, local gardaí assisted by the armed Garda Emergency Response Unit, and the Fire Service were called to the incident at Feakle during which Mr Floyd had a petrol can and lighter with him in his van, while he protested against the outsourcing of council work to sub-contractors.
In the course of the hearing, the council gave evidence that the fore- man threatened to set himself and council property alight, leading to a lot of concern for his, and others’, safety.
Mr Floyd challenged this later claim in the tribunal.
The tribunal also heard that a letter was given to Mr Floyd during the stand off ass“uring him his job was safe.
Clare County Council official Leonard Cleary said he issued a letter “under duress” and “this formula of words used worked to save a life”.
He added that a union official on site during the “difficult and volatile situation” had seen the letter and was aware of the situation.
The day after the incident Joseph Floyd presented to work at Clare County Council, but was placed on administrative leave “for health and safety reasons and for his own well being”.
Mr Floyd then spoke to the local radio station Clare FM. Later that day Mr Floyd was informed by letter that he was suspended from work and an internal council investigation got underway.
In September 2011, the council told Mr Floyd that he was dismissed after finding him guilty of three charges of gross misconduct.
Mr Floyd appealed the findings and an unfair dismissal hearing as well as a hearing into failure to give minimum notice was heard over four days during dates on June 2013, October 2013, February 2014 and May 2014.
The tribunal satisfied itself that the claimant’s employment ended on 6 September, 2011, when he was dismissed without notice but the tribunal was not satisfied that a dismissal without notice was justified.
“The claimant had more than the 15 years’ service required to seek the maximum minimum notice award of eight weeks’ gross pay,” the three-person tribunal found.
The tribunal also found it unfair that the council found Mr Floyd guilty of serious insubordination, as he had not been charged with that.
“There was a lack of evidence to substantiate the charge of bringing the name of the council into disrepute. The tribunal was not satisfied that this charge was sufficiently proven to warrant dismissal.”