A NATIONAL Car Testing Service inspector who was fired for putting influence on other testers to pass a vehicle that had failed, has been awarded €25,000 by the Employment Appeals Tribunal for unfair dismissal.
Rory Cunningham, who worked for Vicuna Ltd (formerly National Car Testing Service Ltd) in the Cahir testing centre in Co Tipperary from 1999 until 2009, admitted to becoming involved in a test he should not have.
But he claimed his employer’s decision to dismiss him was both disproportionate and based on an investigation where fair procedures were not followed.
During the hearing, Mr Cunningham was accused of becoming “very abusive” towards colleagues until they agreed to pass a car that belonged to a friend of his.
However, in its determination, the tribunal stated that “the accusation of bullying was not substantiated and in any event was not put to the respondent until mid-way through the [company’s] investigation process”.
While the tribunal went on to say that Mr Cunningham’s behaviour and attitude was “inappropriate and contributed substantially to the company’s decision to dismiss”, it added that the nature of the company’s investigation into the incident was “seriously flawed”.
James Folan, a vehicle inspector working at the Cahir test centre at the time of the incident that led to the dismissal, said he had been “shocked” by Mr Cunningham’s behaviour.
Mr Folan was the inspector asked by Mr Cunningham to recheck the car that had already failed. When Mr Folan reached the same conclusion as the previous inspector, he said Mr Cunningham became “quite heated” and then “loud verbally”.
Mr Folan then agreed to pass the car but after a bout of guilt, he reported the incident the following morning to the team leader on duty at the centre.
Following the subsequent investigation, the company dismissed Mr Cunningham after reaching the conclusion that his actions were in breach of the company’s code of integrity, stating that he had created a conflict of interests by becoming involved in the test of a friend’s car.
The National Car Testing Service declined to comment on the ruling yesterday. It pointed out that its contract with Vicuna Ltd had ended in December 2009 and Mr Cunningham’s case was against that company. The testing contract is currently possessed by Applus Car Testing Service Ltd, which was not involved in the tribunal hearing.