UD1665/2012, MN259/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                       CASE NO.

Linda Magill – claimant                                                                    UD1665/2012

                                                                                                            MN259/2013

against

Tomkins Limited (in Receivership) T/a The Grand Hotel – respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr N. Russell

Members:     Mr J. Hennessy

                    Mr F. Dorgan

heard this claim at Waterford on 8^th September 2014

Representation:

Claimant:        Mr Robert Jacob of Advokat Compliance Limited,

                        Merrythought House, Templeshannon, Enniscorthy, Co. Wexford

Respondent:    No appearance or representation

The determination of the Tribunal was as follows:-

The claimant came before the Tribunal and gave uncontested evidence which satisfied the Tribunal that she was unfairly dismissed without notice.

The claimant worked for the respondent from 1992 to her dismissal on 9^th August 2012. At the date of her dismissal she was Head Housekeeper in the respondent’s hotel.

The Claimant gave evidence of illness due to work related stress following a change in proprietorship. On her return from illness she felt that the dynamic of the workplace had worsened.

Following a brief altercation with a member of staff, the claimant found herself accused of bullying. There was clearly no investigative process and it seems highly unlikely that there were any grounds for the accusation levied against the claimant. She was denied due process and, indeed, any process, was not given any details of the complaint against her and had no opportunity to defend herself. Instead, the termination of her employment was presented to her as a fait accompli. Without any process or fair procedure the claimant was presented with a letter on the 9^th August 2012 dismissing her instantly.

The letter of dismissal catalogued a litany of complaints none of which had been presented to the claimant.

The Tribunal finds that the claimant was unfairly dismissed. The claimant is awarded €20,000.00 under the Unfair Dismissals Acts 1977 to 2007.

The claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 succeeds and the claimant is awarded €3,400.00 being eight weeks pay.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)