Davis v Eamonn Cooke and Shane O'Neill T/A Chiefs

• Jurisdiction: Ireland
• Judgment Date: 12 March 2004
• Judgment citation (vLex): [2004] 3 JIEC 1201
• Date: 12 March 2004
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Davis v Eamonn Cooke and Shane O'Neill T/A Chiefs

Abstract:

EAT - Employment - Whether the claimant was constructively dismissed - Unfair Dismissals Acts, 1977 to 2001

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1300/2003

CLAIM OF:

Gareth Davis, 31 Corrig Avenue; Dun Laoire, Co. Dublin

against

Eamonn Cooke And Shane O' Neill

T/A Chiefs, Upper Level, Dun Laoire Shopping Centre, Dun Laoire, Co Dublin

under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Mr. P. O'Leary B L

Members:

Mr. M. Flood

Mr D. Mahon

heard this claim at Dublin on 2nd February 2004

Facts The claimant commenced employment in a restaurant owned by the respondent in March, 2001. In spring 2002 he was appointed manger of that restaurant as the respondent partners concentrated on the opening of a new outlet in the city centre. Subsequently, in June 2002 the claimant was requested to temporarily transfer to the city centre restaurant as the continued existence of the Dun Laoghaire outlet was in some doubt due to a downturn in business. A dispute arose between the claimant and the other partner in the city centre restaurant over the claimant's work hours on the claimant's first day in that branch. The claimant gave evidence that one of the partners informed him that if he was not prepared to work until 7pm then he need not bother returning to work. Accordingly, the claimant failed to report for work the following day and during a later phone call to the respondent he was informed that he was no longer needed as he had let the company down. Subsequently, the claimant sent a text message to one of the partners requesting his P45 following the incidents.

Held by the Tribunal: That on balance the claimant was constructively dismissed. However the claimant made little or no effort to mitigate his loss since his termination of employment. The claimant's claim for unfair dismissal was allowed and he was awarded €1092.00 under the Unfair Dismissals Acts, 1977 to 2001.

1 The determination of the Tribunal was as follows:

Claimant's Case

2 The claimant commenced employment in a restaurant owned by the respondent in March 2001. In spring 2002 he was appointed manager of this restaurant as the respondent partners concentrated on the opening of a new outlet in the city centre. The claimant enjoyed his work at the Dun Laoghaire restaurant. Its location was...