A worker who was dismissed after an altercation with his boss, the acting harbour master at Castletownbere, Co Cork, has been awarded €20,000 by the Employment Appeals Tribunal.
Mr Tim Houlihan, Bank Place, Castletownbere, was sacked by the Department of Communications, Marine and Natural Resources after an investigation into the incident in May 2003.
The tribunal criticised the Department, however, for failing to follow its own procedures in the case and for denying Mr Houlihan a proper appeal.
The incident that led to his dismissal took place on May 14th last year, after Mr Houlihan, a general operative, was instructed to carry out a particular task but was then told that another employee was available to do it.
In evidence to the tribunal, the acting harbour master, who had issued the instruction, said Mr Houlihan became extremely annoyed and started "cursing and swearing". He claimed Mr Houlihan continued to abuse him as he drove him to Dinish Island to carry out an alternative job. After getting out of the car, Mr Houlihan returned and grabbed him by the throat, he said.
In his evidence, Mr Houlihan admitted his role in the altercation but said he had apologised the following day. He also claimed that he had been provoked in that his supervisor, the acting harbour master, had reversed the car towards him.
He had felt threatened by the manoeuvre. He then opened the driver's door, grabbed his supervisor by the throat and asked if he was trying to knock him down.
The Department dismissed Mr Houlihan following an oral hearing by a three-person investigation team in Castletownbere, held nine days after the incident.
In a decision just published, the tribunal said it could not condone violence among staff at the workplace, and Mr Houlihan had clearly acted violently. It accepted he had apologised, however. There was conflicting evidence about the circumstances, but it appeared the Department's investigation team had not addressed these contrasting versions.
This was not the only flaw in the investigation, it said. There was no evidence the team had visited the scene of the incident and it had failed to honour a promise to supply Mr Houlihan with a copy of a statement. The appeal lodged by Mr Houlihan had consisted only of a paper review of procedures, which was "inadequate as an appeal process".
