EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1389/2013
CLAIM(S) OF:
Julie Horan - Claimant
against
Luke & Caroline Flanagan Flanagan’s Pub & Restaurant - Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms A.M. Courell
Members: Mr D. Morrisson
Mr M. McGarry
heard this claim at Castlebar on 16th October 2015
Representation:
Claimant: Sean Ormonde sean Ormonde & Co. Solicitors, Suite 9, The Autrim, Canada Street, Waterford
Respondent: Nesa Cox. Thomas J. Walsh Solicitor, 1 Mill Lane, Main Street, Castlebar, Co. Mayo.
Background:
The respondent’s operate a public house/restaurant and the claimant was employed there as bar staff and waitress from 8th May 2009 until her employment terminated on 3rd June 2013.
It was the claimant’s position that she had been dismissed by one of the owners (CF) in the early hours of 3rd June 2013 after a social outing which both had attended. The claimant alleged that she and CF had argued in the mini bus/taxi on the way home from a night club and that as CF walked up her drive way she shouted at the claimant that she was dismissed. CF did not appear at the hearing to give evidence in respect of this allegation.
The co-owner and husband of CF (LF) denied that CF had dismissed the claimant but told the Tribunal that he was aware of an argument between the two women. LF also said that this was not the first time there had been arguments between the claimant and CF. However the claimant denied that there had been previous arguments.
It was LF’s contention that the claimant attended the premises at about 11:00hrs on 3rd June 2013 and was verbally abusive towards him and threw her work shirts at him saying she was leaving. However it was the claimant’s contention that she had already been dismissed by CF and that LF hardly spoke to her other than to say that she should not have spoken to his wife like that.
Determination:
Having carefully considered the evidence adduced at the hearing the Tribunal is satisfied that the claimant was summarily dismissed by CF on 3rd June 2013. No evidence was proffered by CF in relation to this dismissal and therefore the Tribunal must accept the claimant’s version of events and finds that she was unfairly dismissed by the respondent.
LF did give sworn testimony in relation to the events later in the day on 3rd June 2013, however this was after the fact of the claimant’s dismissal and he could not give evidence in relation to the actual dismissal as he was not present at that time.
In view of the claimant’s efforts to mitigate her loss and taking into account the fact that she subsequently secured other employment but then left of her own volition the Tribunal awards her €7,250.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)