Mark O’Hare v Hastings Hotels Group Ltd [2016] NIIT 1525/15

Posted In: Case Law
  • Case Reference
    NIIT 1525/15
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
Issues covered: Unfair Dismissal; Ill Health; Occupational Health; Misconduct; Predetermined Outcomes

The claimant was employed as a concierge at the Slieve Donard Hotel and was dismissed as a result of an alleged breach of procedure leading to a loss of trust and confidence. The claimant had signed for, and took delivery of, a large consignment of chocolates that went missing. They were ultimately found but only after a verbal warning had been issued and an unsuccessful appeal hearing. 

There were issues of unfitness to work in the case and the respondent firmly held the view throughout that the claimant was misleading everyone by faking sickness. This was despite GP sick notes, Occupational Health reports and an independent HMRC adjudication that the claimant was ‘unfit for work’.

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This article is correct at 27/05/2016

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John Taggart BL

The main content of this article was provided by John Taggart BL.

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