Cummins v Garrigan and Arra Cleaners Ltd

• Jurisdiction: Ireland
• Judgment Date: 28 April 1999
• Judgment citation (vLex): [1999] 4 JIEC 2801
• Date: 28 April 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Cummins v Garrigan and Arra Cleaners Ltd

Representation:

Claimant(s)

Michael McNamee BL instructed by Liz McKeever of David Hodgins & Co, Solicitors, 11 Summerhill, Nenagh, Co. Tipperary

Respondent(s)

Robert Haughton BL Flanagan & Co.., Solicitors, 5 Sarsfield Street, Nenagh, Co. Tipperary

Abstract:

Dismissal - Time keeping - Alleged assault

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD553/98

CLAIM(S) OF: Sharon Cummins, 14 Upper Sarsfield Street, Nenagh, Co Tipperary

against

John Garrigan, Summerhill, Nenagh, Co Tipperary

Arra Cleaners Ltd, Summerhill, Nenagh Co Tipperary

under

UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms M. Harewood

Members: Mr. E. Sheehy

Mr T. Kennelly

heard this claim at Nenagh on 26th- November 1998

Claimant worked a night shift in a contract and dry cleaning business. The claimant had a poor attendance record and when an employee failed to turn up for work it was very difficult to find a replacement. There were allegations that the claimant was abusive to her supervisor. On a day the claimant was to collect her wages an incident occurred which the Tribunal heard differing accounts. The claimant stated she was assulted by the respondent while he claimed that he was the person assulted. She agreed that the respondent was a peaceful man. Evidence was called by both parties. The Tribunal determined that there was no unfair dismissal.

The determination of the Tribunal was as follows:-

1 It was explained to the Tribunal that the claimant is pregnant, not working at the moment but is attending a FAS course. She has objected to a Rights Commissioner hearing this matter and that dismissal is in dispute. - The respondent has since formed a company Arra Cleaners Ltd. There were no objections to this company being joined to the proceedings.

2 In his opening statement Counsel for the claimant said that the claimant was assaulted by the respondent when she attempted to collect her cheque. It is admitted that there was physical contact. The claimant is saying that this was a constructive dismissal

Case for the Claimant

3 The claimant is 27 years old and has worked with the respondent since October 1991. Her hours are midnight to four am. On 12 June 1998 she called to collect her wages at 1.30 pm. She was accompanied by her sister and her child as well as her own two children. She had asked...