AN EMPLOYEE who was dismissed by an Irish-based insurance subsidiary for failing to act on an e-mail has been awarded €40,000 by the Employment Appeals Tribunal.
Michael Boylan of Park View, Athboy, Co Meath, brought an unfair dismissals case against Allianz Worldwide Care Ltd, West Business Campus, Dublin 12.
The company, a subsidiary of Allianz Insurance, organises medical evacuations for patients to and from countries where appropriate medical care can be administered.
The case centred on an e-mail received by the company on July 15th, 2009, at 5.50pm. Mr Boylan’s shift ended at 7pm, but the e-mail was not “actioned” before he finished. The company said he was the only person on duty at that time and that, as a medical expert, his role was critical. It said that, the following day, a co-ordinator “actioned” the e-mail and the patient was safely transferred.
Although the 14-hour delay did not negatively impact on the evacuee’s health, the client made a verbal complaint. On July 27th, the company told Mr Boylan it was investigating the incident and he was suspended with pay.
After an investigation, the chief executive wrote to him on September 10th stating he was being dismissed for gross misconduct.
In his evidence, Mr Boylan said that his prime function was to be on alert for incoming e-mails into his inbox and that of the “evacuation box” but that the e-mail in question was instead placed in the “medical pending queue”. He said that due to that queuing system he had not seen it that day nor had it been brought to his attention.
The tribunal said as soon as he became aware of the situation on July 16th, Mr Boylan had acted in a professional and proper manner.
It awarded him €40,000 under the Unfair Dismissal Act.