EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD848/2015
CLAIM OF:
Maurycy Klatt
against
KPS Colour Print Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms B. Glynn
Members: Mr T. L. Gill
Mr T. J. Gill
heard this claim at Sligo on 7th October 2016
Representation:
Claimant: In person
Respondent: In person
This was a case of constructive dismissal so it fell to the claimant to go into evidence first.
Claimant’s case:
The claimant told the Tribunal that he began work in March 2012 after applying and being successful for a job as advertised on a FAS website. The job description was for a graphic designer and was advertised at €25k per annum. He received no contract of employment and over his first six weeks of work only received three amounts of €200. He was told his first two weeks would be for free because he was in training. After speaking to his employer he was told it was his own fault as he was making mistakes.
Over a period of time the wages increased but never to the amount as advertised. He said he worked from 8.30am to 6pm and sometimes worked on a Saturday if something was urgent. The claimant felt he was doing the brunt of the work and in seeking his pay-rises was cursed at. He told the Tribunal that he was the only one to stand up to the employer but the stress of it all gave him no option but to resign.
Respondent’s case:
The respondent BS told the Tribunal that he hired the claimant on foot of the advertisement but he was not qualified as a graphic designer and needed to be trained up in-house. The job given to the claimant was not what was advertised, that job was already gone. BS thought the claimant was a young bright guy who might be useful in sales or something, a general all-rounder.
The Respondent said he paid him the claimant in cash for the first few weeks while bank details were being processed and further said that the claimant told him that he didn’t need a contract.
However, the claimant had taped the interview and the tape was played for the Tribunal which disputed these facts. Nevertheless, the Respondent still claimed that he paid him cash.
Determination:
Section 1 of the Unfair Dismissals Act defines constructive dismissal as:
“the termination by the employee of his contract of employment with this employer whether prior notice of the termination was or was not given to the employer in the circumstances in which, because of the conduct of the employer the employee was or would have been entitled or it was or would have been reasonable for the employee to terminate the contract of employment without giving prior notice of the termination to the employer”.
It is clear from this definition that in a claim for Constructive Dismissal a Claimant must show his entitlement to terminate the contract due to the conduct of his/her Employer, and in addition show that this conduct was unreasonable
In this case there was a conflict of evidence between the claimant and respondent. It is clear that the claimant attempted to resolve condition of work with his employer on several occasions but, to no avail. The evidence of the claimant was that he was shouted and cursed at when he attempted to discuss matters with his employer.
The Tribunal have carefully considered the sworn evidence and submissions adduced during this case, and, on balance, the evidence of the Claimant is preferred. Accordingly, it is the opinion of the Tribunal that the Claimant was indeed entitled to terminate his employment due to the conduct of the respondent.
Accordingly, the Tribunal awards the sum of €12,000 (twelve thousand euro) under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)