EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1123/2015
CLAIM OF:
Andrea Kollar
against
Tarossa Frehill Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr R. Murphy
Ms M. Mulcahy
heard this claim at Dublin on 16th August 2016
Representation:
Claimant : Mr Robert Crowley B L instructed by McGuigan Solicitors, 39 Dame Street, Dublin 2
Respondent : No representation listed
The Tribunal is satisfied that the respondent was properly notified of this hearing.
A representative on its behalf appeared before the Tribunal and announced he was coming off record for the company. The respondent did not appear for this hearing.
The determination of the Tribunal was as follows:
Claimant’s Case
The claimant commenced employment with the respondent in October 2008. She attained the position of the delicatessen manager and shop assistant in this retail grocery store where she worked full time. While she liked her job the claimant had regular arguments and ongoing difficulties with a particular former female director. Those problems came in the form of disputes over pay concerning Sunday and overtime worked. On one occasion that director suggested that the claimant was mishandling till receipts. This false accusation was upsetting and led to her hours being significantly reduced.
Due to this director’s continual aggressive and hostile altitude the claimant became more and more stressed at work. The departure of the general manager and the inability of another director to assist the claimant added to her troubles there. Those troubles were added to over further disputes over the taking of leave. The claimant commented that while she needed to work she was unable to do so at a high cost to her health and general wellbeing. By the end of August 2015 and acting on the advice of her doctor the claimant submitted her resignation. She told the Tribunal that there was no opportunity for her to probably use the grievance procedure.
Determination
Based on the uncontested evidence of the claimant the Tribunal is satisfied the claimant had no other alternative but to resign from her employment with the respondent. The claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the Tribunal awards the claimant €14,000.00 as compensation under those Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)