UD68/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                              CASE NO.

Donna Farchione - claimant                                                                         UD68/2013

Against

Eileen Reddin T/A Redcats Hair and Beauty

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. E. Kearney

Members:     Mr T. Gill

                     Ms H. Murphy

heard this claim at Galway on 3rd July 2014

Representation:

Claimant(s) : Ms. Louisa McKeon, Rhatigan & Company, Solicitors, Liosbaun House, Tuam Road, Galway

Respondent(s) : In person

The determination of the Tribunal was as follows:-

Summary of Evidence

The claimant a senior stylist first commenced employment with the respondent in October 2008. She left the employment for a short period in 2011. The claimant had a good working relationship with the respondent up to the 26 June 2012 when an incident occurred in the salon. The claimant described the day in question as a busy working day with back to back appointments. In order to get a lunch break she requested the assistance of a junior stylist to blow dry her client’s hair with the intention of returning to check the client after the blow dry was completed.

The respondent was unhappy with the claimant for assigning the blow dry to the junior stylist who was in the middle of colouring her hair at the time. The respondent’s position was that the claimant should carry out the job on the client from start to finish and that was the policy in the salon. Angry words were exchanged between the parties and the respondent advised her to “gather up your things”. The claimant interpreted this as dismissal from her employment. She wrote to the respondent the following day seeking confirmation of the respondent’s position and received a response dated the 28 June with her P45 enclosed. The letter made reference to the claimant walking out. The claimant wrote to the respondent on the 11 July stating that the communications between them was confusing however she indicated that she wished to return to work immediately. The respondent did not contact the claimant after that date.

Determination

Having listened carefully to the evidence tendered the Tribunal is satisfied that subsequent to the claimant receiving no response to her letter to the respondent on the 11^th July 2012she was entitled to consider herself dismissed.

The Tribunal find it unreasonable and unfair to an employee to adopt the position of “no point responding” when the clear intention of the claimant’s evidence was that she was willing to return to work.

The Tribunal find that the claimant did not discharge to the total satisfaction of the Tribunal sufficient proof that she mitigated her loss. Therefore taking all the circumstances into consideration the Tribunal find that the claimant was unfairly dismissed from her employment. The Tribunal award the claimant compensation of €5,000.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)