UD1311/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                          CASE NO.

Employee                                                                                                               UD1311/2012

against

Employer and

Employer

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr D. Mac Carthy S C

Members:     Mr N. Ormond

                    Ms E. Brezina

heard this claim at Dublin on 18th November 2013

Representation:

_______________

Claimant:       Mr John Quinn, Branigan Cosgrove Finnegan, Solicitors, 31 Pembroke Road,  Dublin 4

Respondent:   Mr Dermot Casserly, Beauchamps, Solicitors, Riverside Two,

                     Sir John Rogerson's Quay, Dublin 2

The determination of the Tribunal was as follows:-

Claimant’s Case

The claimant gave evidence of working for the company from July 2008 to March 2012.

In September 2011 she was summoned to Scotland to attend a disciplinary hearing and was told she was been given a final warning. She was told she would get confirmation in the post and notes of the meeting. She never heard anything afterwards.

At a meeting on 14^th February 2012 the Regional Manger MA visited the store and said he would be having a disciplinary meeting with her toward the end of the week. There were many conversations on that day and he asked her if she would like to walk out the door and leave it all behind. She asked if he was trying to get rid of her and he said that he had had better jobs. She resigned the next day as she felt she had no other options.

Determination

Based on the uncontested evidence of the claimant the Tribunal finds that she was unfairly dismissed. A series of meetings occurred involving the claimant and MA a regional manager. The respondent failed in its responsibility to the claimant by not utilising fair procedures. The Tribunal find that any attempt at procedures were flawed and that there was a deficiency in company procedures. No alternatives were ever considered and natural justice did not prevail.

The claimant is awarded the sum of €37,000.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)