Frank McClintock v Health Services Executive (HSE) [2012]

Where the claimant was Assistant National Director of the Respondent company and there was an issue with travel and subsistence claims. The claimant had obtained a fuel card that was used sporadically whenever he was not getting any travel and subsistence. The issue arose regarding how and why he had a fuel card and the Claimant felt he had no other option but to resign rather than be dismissed. The Tribunal determined that “this termination was caused by the actions of the employer in failing to apply the agreed procedures and thus constitutes an Unfair Dismissal.” However in considering the remedies under the Acts the Tribunal looked at the reasons for the actions of the employer that