Connolly v Martin as representing Verona Sports & Leisure Club

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date15 Jul 2005
Judgment citation (vLex)[2005] 7 JIEC 1501

Employment Appeals Tribunal

EAT: Connolly v Martin as representing Verona Sports & Leisure Club

Abstract:

Employment law - EAT - Whether the claimant was unfairly dismissed in the circumstances - Unfair Dismissal Acts 1977 to 2001

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:

CASE NO.

Jacinta Connolly, 16 Springlawn Drive, Blanchardstown,

UD1135/2004

Dublin 15

UD1210/2004

against the recommendation of the Rights Commissioner in the case of:

Jacinta Connolly -v-Sean Martin, as representing Verona Sports & Leisure Club,

Grove Road, Coolmine, Dublin 15

under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Ms. K. T. O'Mahony B.L.

Members:

Mr. C. Ormond

Mr T. Wall

heard this appeal at Dublin on 1st April 2005

Facts The claimant gave evidence that she was dismissed from her employment with the respondent in January 2004 despite having the longest service of all the employees working for the respondent. She stated that she was aware the respondent was in financial difficulties but claimed that she was unfairly dismissed. Mr Martin stated in evidence that the respondent business was losing money at an alarming rate and could not afford to keep the claimant on the payroll.

Held by the EAT in favour of the claimant: 1. That the respondent failed to discharge the onus of establishing that the dismissal was fair in the circumstances. The Rights Commissioner's recommendation as to the unfairness of the dismissal was upheld and the claimant was entitled to an award of Eur2,500 compensation.

The determination of the Tribunal was as follows:-
1

This case came before the Tribunal by way of an appeal by both parties against the recommendation of a Rights Commissioner Ref: UD19083/04 GF dated 6th September 2004.

2

As there is a cross appeal in this case the employer will be referred to as the respondent and the employee will be referred to as the claimant.

3

The claimant commenced her employment with the respondent in May 2001 and was dismissed on 22 January 2004. She received Eur101.58 per week for the hours she worked for the club.

Respondent's Case:
4

Mr M told the Tribunal that he took over as treasurer in October 2002. The club consisted of a bar, gym and toilets and other facilities were based in temporary accommodation (converted containers). The club wanted to replace the temporary accommodation with a permanent structure. It also had obtained planning permission for work on the...

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