A young Co Wicklow cabinet maker, who "used sinister threats" against his employer, was not unfairly dismissed, a judge ruled yesterday, overturning a financial award by the Employment Appeals Tribunal.
Judge Liam Devally held that Jonathan Brady, of Glenthorn, Killarney Road, Bray, by his actions and sinister threats, had left himself unemployable by Phoenix Convection Cabinets Ltd, Rock Road, Blackrock, Co Dublin.
He told Ms Sara Moorehead, counsel for the company, that evidence of Mr Brady threatening to feign and sue for a spurious injury unless his suspension was lifted had left him totally untrustworthy as far as the firm was concerned.
Judge Devally heard Mr Brady's evidence of having machine-cut three convection cabinets at his employer's workshop under a "gentleman's agreement" with his boss about doing "nixers" outside working hours.
When Mr Brady stated the cabinets were for his parents but would not arrange for the company to check this out in his home a Garda inquiry had been initiated and, although a prosecution had never been brought, he was dismissed.
Overturning a decision of the Employment Appeals Tribunal, which had awarded Mr Brady £2,515 compensation, Judge Devally told Ms Moorehead no company could have retained an employee who had resorted to such menacing tactics as Mr Brady had.
Costs were awarded against Mr Brady.