UD762/2015, MN369/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD762/2015

MN369/2015

CLAIM(S) OF:                                                                                             

Elsa Carmo                                        

- Claimant                                                             

against

Talbot Hotel Limited T/A Talbot Hotel

- Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                     Ms S. Kelly

heard this claim at Wexford on 14^th April 2016 and 13^th July 2016 and 5^th October 2016

Representation:

Claimant:       Ms Siobhan Dunne, Dunne Law, 2 Slaney Street, Wexford

Respondent:    Ms Catherine O'Connor, MJ O'Connor, Solicitors, Drinagh, Wexford

The determination of the Tribunal was as follows:-

Background:

The respondent is a hotel. The claimant was employed as an Accommodation Assistant from the 31^st of August 2009 until her employment was terminated on the 27^th of March 2015.

During the course of the hearing the respondent stated that they would pay the minimum notice payment to the claimant.

Determination:

Having considered the evidence of the parties adduced at the hearing the Tribunal finds as follows:-

1. That DW and MC for Respondent were exasperated with the claimant’s performance and with her absentee pattern.

2. That the claimant herself had contributed materially to this feeling of exasperation by the Respondent.

3. That because of their attitude towards the claimant, albeit that it may have been justified, DW and MC could not impartially determine the subject disciplinary issue of the claimant and should have had the disciplinary procedure, at least at the final stage, carried out by somebody who had no prior involvement with the claimant.

4. That in the circumstances of the subject complaint against the claimant she should not have received a more draconian sanction than her supervisor.

Accordingly, the claim under the Unfair Dismissals Acts 1977-2007 succeeds and the Tribunal awards the claimant compensation in the amount of €2,600.   In determining the level of the award the Tribunal took into account that the Respondent had acted in good faith and the claimant’s own contribution to the matter.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)