UD1170/2012, TE185/2012

EMPLOYMENT APPEALS TRIBUNAL

UNFAIR DISMISSALS ACTS, 1977 TO 2007

TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr P. O’Leary BL

Members:     Mr N. Ormond

                     Mr P. Trehy

heard these appeals at Dublin on 14 November 2013

Representation:

Appellant:

                    Mr Richard Grogan, Richard Grogan & Associates,

         16 & 17 College Green, Dublin 2  

Respondent:

         Mr David Farrell, IBEC, Confederation House,

         84/86 Lower Baggot Street, Dublin 2

The determination of the Tribunal was as follows:

These cases came before the Tribunal with the employee appealing against two recommendations of a Rights Commissioner R-120027-UD-11 and R-120035-TE-11 under, respectively, theUnfair Dismissals Acts, 1977 to 2007 and the Terms of Employment (Information) Acts, 1994 to 2001.

Determination:

The appellant worked as a croupier in the respondent’s private members club from October 2010. In January 2012, after receiving an offer of similar employment in another club which the appellant considered to be more prestigious, the appellant gave notice, on 9, 10 & 12 January 2012 of his intention to resign from his employment with the respondent on three occasions to three separate senior members of management of the respondent.

On 16 January 2012, having discovered that the offer of alternative employment was not confirmed but may be some months in the future the appellant sought to revoke his notice whilst at the same time confirming his intention to leave within a month or two. The respondent refused to accept this revocation of the appellant’s notice and the employment ended at the end of the two week notice period given by the appellant.

The Tribunal is satisfied that, in circumstances where the appellant, having given notice of resignation, sought to revoke that notice or rather extend it to cover the period before the new position became available, it was reasonable for the respondent to refuse to accept the appellant’s revocation or extension of notice when the appellant was confirming his intention to leave but merely wished to extend the period of notice. Accordingly, the Tribunal is satisfied that there was no dismissal; rather the appellant resigned his position. It must follow that the appeal under the Unfair Dismissals Acts, 1977 to 2007 fails and the recommendation of the Rights Commissioner is upheld.  

Being satisfied that the appellant’s contract of employment incorrectly named his employer as the club rather than the respondent the Tribunal is satisfied that the complaint under the Terms of Employment (Information) Acts, 1994 to 2001 is well founded. The Tribunal varies the recommendation and awards €561-00, being the equivalent of one week’s pay, under those Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)