Birch v Dunnes Stores

• Jurisdiction: Ireland
• Judgment Date: 19 July 2003
• Judgment citation (vLex): [2003] 7 JIEC 1901
• Date: 19 July 2003
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Birch v Dunnes Stores

Abstract:

Employment law - EAT - Claimant requested to work late - Refused - Dismissal - Whether justified - Minimum Notice and Terms of Employment Acts 1973 - 2001 - Unfair Dismissals Acts 1977 - 2001

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD856/2002 MN2409/2002

CLAIM(S) OF:

Gary Birch, 201 Crumlin Road, Crumlin, Dublin 12.

against

Dunnes Stores, Ashleaf Shopping Centre, Crumlin, Dublin 12. Under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2001

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Mr. J. Revington B L

Members:

Mr. J. O'Neill

Ms. N. Greene

heard this claim at Dublin on 10th February 2003 and 15th April 2003

Facts The claimant had clocked out and changed his clothes by which time was after 10:00 p.m. when he was requested to work another hour. The respondent told him his employment contract stated that extra time could be worked when requested. The claimant had just completed working several late nights declined the request. The respondent got annoyed and shouted that he would get paid and to “get out and don't come back”. Subsequently he received his P45. The respondent said that the official stock time was very important and employee contracts allowed for extra hours to be worked when requested.

Held The respondents action showed a serious break of procedures and awarded the claimant EUR 9,000 for unfair dismissal.

1 The fact of dismissal was in dispute in this case.

Claimant's Case

2 The claimant worked for the respondent for twenty two months. Initially he worked on the shop floor and then moved to the stock room and driving the forklift. On 26th January, 2002 he had finished work and was told he could leave when he checked with the Service Manager and Stock Room Manager Assistant. The claimant went to meet his colleague and as they were both leaving the Personnel Manager called them back and said they would have to work one further hour. It was now after 10.00 pm. The Personnel Manager said that their contracts stated that extra hours would have to he worked . The claimant said that he and his colleague had worked the night shifts over the Christmas period. At this stage the claimant had clocked out and had changed his clothes. The Personnel Manager was very demeaning in her manner when she said that they had to work the extra hour. She shouted and said they would be paid and...