Brady v Speciality Print & Design Ltd,

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date07 Apr 2009
Judgment citation (vLex)[2009] 4 JIEC 0701

Employment Appeals Tribunal

EAT: Brady (appellant) v Speciality Print & Design Limited (respondent),

Representation:

Appellant(s) :

In person

Respondent(s) :

Mr Dan Courtney, Speciality Print & Design Limited, 69 Donore Avenue, Dublin 8

Abstract:

Employment law - Redundancy - Unfair dismissal - Fair procedures - Resignation of employee - Notice period - Whether appellant's employment ended by reason of redundancy - Whether employee left of his own accord - Redundancy Payments Acts, 1967 To 2003.

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:

CASE NO.

Mark Brady, 7 St. Treasa Gardens, Donore Avenue, Dublin 8 - appellant

RP1243/2008

against

Speciality Print & Design Limited, 69 Donore Avenue, Dublin 8 - respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Mr M. O'Connell B.L.

Members:

Mr. L. Tobin

Ms M. Maher

heard this appeal at Dublin on 7th April 2009

Facts The appellant had been working for the respondent and one day the respondent's principal informed him in an inappropriate manner that he was being given had two weeks notice. The following day, he received an apology but the notice period was not rescinded. At a subsequent meeting he was handed a cheque for € 2,373.72 and was told it would sort him out for a few weeks. At no time did he say he was leaving. On behalf of the respondent it was contended that she had given the appellant notice of termination due to an alleged incident, which was not investigated. The following day she apologised to him for her tone of voice and told him the notice period was withdrawn, as she needed to get advice on the notice period he would be entitled to. Subsequently the appellant had stated that he was leaving. It was stated that disciplinary procedures were to be commenced against the appellant but that he had left of his own violation before the procedure could commence. Under questioning the respondent had stated that she could not fully explain how she had calculated the sum of money given to the appellant and that he should not have received it.

Held by the Employment Appeals Tribunal in determining that the appellant was entitled to an award. The Tribunal noted a significant conflict in the evidence given by both parties. The Tribunal was shocked that the respondent failed to take any action following an alleged incident of gross misconduct. The...

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