EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Rory Dunne -claimant UD1192/2013
MN827/2014 WT273/2014
against
Barry Walker -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS,1973 to 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr F. Dorgan
heard this claim at Thurles on 18th November 2014
Representation
Claimant: Ms Elizabeth McKeever, David Hodgins & Co, Solicitors, 11
Summerhill, Nenagh, Tipperary
Respondent: In person
Summary:
The fact of dismissal was not in dispute between the parties. The claimant was employed by the respondent as head chef from August 2008, working three days per week. In or around September 2012 the claimant commenced an academic course at university and the respondent agreed to his request to reduce his hours to two days per week.Subsequently, in January 2013 the claimant sought to reduce his hours further to one day per week and while the respondent was not too happy about this henone the less accommodated the claimant.
However, on 13th April 2013 the respondent summarily terminated the claimant’s employment as he needed an employee who could work more than one day per week. The respondent had neither given the claimant any prior notice of the termination of his employment nor discussed it in any way with him. The claimant was shocked. He had been hoping to return to work three days per week during the summer holidays. He did not intend to return to employment in the catering industry and for this reason he did not seek alternative employment.
The claimant also alleged that he was owed outstanding holiday pay but was uncertain and vague as to the holidays due to him.
Determination:
The respondent’s failure to apply fair or any procedures in dismissing the claimant renders the dismissal unfair. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds. At the time of the dismissal the claimant, at his own request, was working only one day per week and hoping to return to a three-day week during the summer vacation. Having considered the claimant’s loss and his failure to mitigate that loss the Tribunal awards him the sum of €2,145.00 as just an equitable compensation under the Acts.
.
The Tribunal also finds that the claimant is entitled to the sum of €330.00 (being the equivalent of two weeks’ gross pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The Tribunal accepts the respondent’s evidence that the claimant was fully paid in respect of his holidays. The claim under the Organisation of Working Time Act, 1997 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)