EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD905/2014
CLAIM(S) OF:
Denise McDonnell
- claimant
Against
Fes Express Limited T/A Supermacs
- respondent
Under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Mcgrath B.L.
Members: Mr P. Pierson
Mr P. Trehy
Heard this claim at Mullingar on 6th May 2016
Representation:
Claimant(s) : T & N McLynn Solictors, 11 - 13 Bastion Court, Connaught Street, Athlone, Co Westmeath
Respondent(s) : In person
The determination of the Tribunal was as follows:-
The tribunal has considered the evidence adduced. The respondent is a company operating a number of fast food outlets and a service station in the midlands region having a staff of up to 60 people and a turnover of circa €5,000,000.00
One of the company directors employed his wife as an employee of the company and in effect for a period of six years the claimant was lawfully on the respondent company books and was as such an employee employed by the company who operated as general aide or personal assistant to the said director allowing for the smooth running of the business.
By July 2013 relations between the company director and the claimant had deteriorated and the company director terminated unilaterally the claimant’s employment with the respondent company. This happened two and a half years ago in December 2013.
The claimant is a registered nurse and has always worked in this field lecturing, giving courses and through agency work. The Tribunal accepted that the nursing work employed in by the claimant was over and above her employment onto the respondent company.
The claimant gave evidence to the effect that she has continued to engage in nursing work and has marginally increased her remunerate levels in the 24 months since the respondent company terminated her employment. The claimant gave evidence to say that she is hopeful of a more permanent type situation in the near future.
On balance the Tribunal is absolutely satisfied that an employee of some 6 years’ service had her employment unilaterally terminated by the respondent company with no notice and in circumstances where, despite all reasonable efforts having been made, she has not been able to make up the loss of income that this particular position had provided her with i.e. €442.00 gross per week.
In the circumstances the Tribunal awards the claimant €46,000.00 compensation for being unfairly dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)