€33,000 award over unfair dismissal

A WINDOW-FITTER who was fired after his bosses hired a private investigator to observe him on unpaid leave has been awarded €…

A WINDOW-FITTER who was fired after his bosses hired a private investigator to observe him on unpaid leave has been awarded €33,000 in compensation.

An Unemployment Appeals Tribunal found Walter McNamee of Millview, Milltown Pass, Co Westmeath, was unfairly dismissed by Wright Window Systems of Stokes Place, St Stephen's Green.

The tribunal heard that Mr McNamee took two days' unpaid leave in June 2007, as one of his children had to undergo a hospital procedure, and the regular babysitter was unavailable.

Wright's human resources manager became suspicious when Mr McNamee's car was parked outside his grandfather's house near a local bog on the first day off. Surveillance by an investigator was arranged for the following day.

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When he returned to work, Mr McNamee was told the investigator's report apparently showed he was working on the bog on his second day off, when he said he was minding his children.

He was told he was engaging in alternative work whilst absent from his job.

Mr McNamee said he had left home around midday after the return of his wife and child from hospital. He was not paid for the work but was just helping a friend.

The tribunal found Wright's could only dismiss Mr McNamee if it could establish he was paid for alternative work.

This had not happened. Mr McNamee had worked as a window-fitter since 1994.

He was awarded €33,000, which took account of the length of his unblemished service.