UD1059/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                CASE NO.

Donovan Lock                                                                                                            UD1059/2013

                                                            - Claimant                                        

Against

Revolution Galleries Limited T/A Cost Plus Sofas & Beds Etc., (In Liquidation)                                                  - Respondent

Finest Furniture Limited

                                                            - Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Ms P. McGrath BL

Members:       Mr. J. Goulding

                        Mr. J. Dorney

heard this claim at Dublin on 30^th September 2014

Representation:

Claimant:        Pat Cuffe, “Panamays”, 38, Admiral Park, Baldoyle, Dublin 13

Respondent:    Not Present or Represented

The determination of the Tribunal was as follows:

Claimant’s Position:

The claimant was employed in the respondent’s furniture store as a Supervisor in Dublin 12. There were no problems up until April 2012 where he worked well with the Store Manager. A new Assistant Manager was assigned as the claimant’s manager and the situation at work changed.

He told the Tribunal that she constantly verbally abused him, on occasion swearing at him, she made racial comments and was generally demeaning towards him, even in front of customers. (He informed the Tribunal of various occasions and dates of this behaviour towards him by her). He reported the issues to the Store Manager and who said he would “sort it”. Nothing happened to alleviate the situation. The Assistant Manager began changing his rostered days off. When he broached the subject as to why his days off were changed and not a colleague of his she replied “because he has kids”.

The stress of this situation affected the claimant’s health and he attended his doctor who advised that he should not return to work while he was under the supervision of the Assistant Manager who caused him such stress. He contacted the Store Manager to try and resolve the situation.

He attended two separate meetings with the Store Manager and a Senior Manager and was offered a move to another store in Carrickmines but at a reduction in wages of €500.00 per month. The claimant offered to move to the respondent’s store in Ballymun as it was nearer his home and he did not have a car to travel to Carrickmines. The offer was declined by the respondent. He told the Tribunal that he could not return to work in the Dublin 12 store and could not move to the Carrickmines store and therefore had no alternative but to leave his employment.

He gave evidence of loss.

Determination:

The Tribunal were satisfied that the respondent was properly notified of the date, time and location of the hearing. Neither they nor a representative on their behalf were in attendance.

Having heard the claimant the Tribunal accept compelling evidence adduced and determine he had no alternative but to resign his position.

In the circumstances the Tribunal awards the sum of €17,850, this being 30 weeks loss at a gross wage of €595.00 per week, under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)