THE DISMISSAL of a former Quinn Insurance middle manager for accepting an alleged bribe of a bottle of wine from a client at Christmas time was “grossly disproportionate”, the Employment Appeals Tribunal has heard.
Wesley Bell (30), Ennel Drive, Artane, Dublin, said the insurer did not suffer because he accepted the gift.
The tribunal heard Mr Bell’s actions broke the firm’s ethical guidelines as he was in a position to be influenced by such a gift.
Mr Bell worked in the Blanchardstown office of the firm from August 7th, 2007, to December 14th, 2009. He was a regional claims controller and received a gross weekly salary of €826.56. The tribunal can award him up to two years’ salary if his claim for unfair dismissal is upheld.
Mary Paula Guinness, for Quinn Insurance, told the tribunal that in his position Mr Bell had nine claims managers, not directly employed by Quinn Insurance, who relied on his discretion to receive work. She said ethical guidelines were in place. An employee in Mr Bell’s position could not accept any gifts as it might influence which managers were given jobs.
She said the company learned from a service provider that Mr Bell had received a gift and sent an e-mail detailing how the company’s gifts policy could be circumvented. She said a disciplinary procedure was brought against Mr Bell and he did not contest the allegations. He was dismissed and did not exercise his right to appeal.
Chris Horrigan, for Mr Bell, conceded his client had circulated an e-mail that would have facilitated claims managers in providing bottles of wine to staff in his office but he had no idea this was a breach. He said Mr Bell had admitted to receiving a bottle of wine but he did not consider it a bribe. He said Mr Bell did not benefit and the company did not suffer as a result.
The case continues in July.
