A Dublin man who lost his job after allegedly falsifying his work attendance record, has lost a €24,000 payment arising from an unfair dismissal case after a last minute appeal by his former employer.
Circuit Court President Mr Justice Raymond Groarke said he had been determined to find in favour of Anthony Doyle in the case involving Nic Services Group Ltd, where he worked as a supervisor.
However, the judge said that Mr Doyle had “blatantly lied” under oath and the court now had to reconsider its view.
Last year Mr Doyle successfully challenged his dismissal by the company at the Employment Appeals Tribunal and was awarded €24,000 in compensation.
On Monday, barrister Lauren Tennyson, for Nic Services Group, said the UK registered company had not appeared at the tribunal hearing and was appealing its decision.
Judge Groarke heard the company fired Mr Doyle, of Greenfort Lawns, Quarryvale, Clondalkin, in October 2014 following an investigation. It said there were several reasons for this including gross misconduct, claming Mr Doyle had falsified his work attendance record on September 11th, 2014.
Unfair process
Mr Doyle denied the allegation and claimed he had been in work at Fonthill on that day. He also claimed the disciplinary process had been unfair.
Mr Doyle told Judge Groarke that following his dismissal, he was not allowed onto the company’s site to try to appeal the decision.
Ms Tennyson said this was the first time the company had heard this allegation. The judge was told that Mr Doyle’s lawyers were also unaware of the claim.
“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.”
Judge Groarke allowed the company’s appeal and dismissed the tribunal’s determination. He made no order for legal costs against Mr Doyle because the company did not attend the original tribunal hearing.