UD1081/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                              CASE NO.

Janet Maher                            -claimant

                                                                                                                     UD1081/2014

against

Hover Catering Limited         -respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr C. Corcoran B.L.

Members:     Mr C. Lucey

                    Mr M. O'Reilly

heard this claim at Dublin on 29th July 2015

Representation:

Claimant:        In person

Respondent:    No appearance or representation on behalf of the respondent.

Summary:

A notice of hearing was returned from the company’s last known trading address marked “gone away”. The company was dissolved effective 17 December 2014.

It was the claimant’s evidence that she became an employee of the respondent company by virtue of a series of transfer of undertakings having carried out the same work at the same premises since 2008.

The respondent company operated the catering franchise in a public house but in June 2014 the claimant was told by PW of the company that the business was not performing well. The claimant was employed as a waitress. On Wednesday, 4 June 2014 a customer made a request for part of their meal to be prepared in a manner different from that described on the menu. The claimant conveyed this to the chef who began to scream at her in front of customers. The claimant was embarrassed and left the premises upset. This was not the first time she had difficulties working with the chef and she fully intended to return to the employment after this incident. However, the following day during a telephone call PW of the company informed her that he had reached a decision to dismiss her from the employment. The claimant gave evidence of her loss and efforts to mitigate it.

Determination:

Based on the uncontested evidence of the claimant the Tribunal is satisfied that she was summarily dismissed from her employment without any procedures. The Tribunal awards the claimant compensation of €15,000 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

    (CHAIRMAN)