A SENIOR manager with a Dublin port company, who was fired following a drink-fuelled incident at a Christmas party, has been given the maximum compensation award of almost €155,000.
The Employment Appeals Tribunal found that William Graham, Castle Avenue, Clontarf was unfairly dismissed by Portroe Stevedores, Ocean Pier, Alexandra Road.
Mr Graham, who sought reinstatement in his job, has worked in the docks area for 34 years.
There was a conflict of evidence about what happened at the party in the Grand Hotel, Malahide, on December 17, 2005.
The party began with a mulled wine reception and bottles of wine were given out at the meal. After that there was a free round of drinks and a free bar remained open until 2am.
There was an altercation between Mr Graham and another employee, only named as "KS" by the tribunal. The company claimed Mr Graham assaulted KS. Mr Graham claimed he was assaulted and falsely accused.
The tribunal said that KS had eventually asked that the matter be settled by shaking hands.
Mr Graham said the human relations manager was a witness to the alleged incident and he objected to him carrying out what was supposed to be an impartial investigation. The tribunal found it would have been "wise" if the human relations manager had not himself conducted the investigation.
In its determination yesterday, the tribunal said the incident "occurred outside the workplace although work-related".
"Moreover the incident took place at a late hour after a large amount of drink had been consumed by many of those present. Incidents 'at office parties' raise many difficult questions," the tribunal said.
"The central issue of the case however, is which version of the incident we accept as fact."
It found Mr Graham to be a credible witness and accepted his evidence.
Mr Graham said he had had a nervous breakdown after he was fired. He was treated for depression and his family suffered.
He now earns about €75 a day driving a taxi and his income has dropped by over €1,000 a week.
The tribunal found reinstatement of Mr Graham was "unrealistic". "It is clear to us that the claimant is most unlikely to be employed in a managerial capacity with a salary similar to that which he held.
"Even if his net taxi earnings increased to about €40,000, he would still be earning more than €30,000 per annum less than his previous salary."
The tribunal said that over an 11-year-period, Mr Graham had suffered lost earnings of about €300,000.