Doherty v Higgins & Keegan Retail Ltd

• Jurisdiction: Ireland
• Judgment Date: 27 June 2016
• Judgment citation (vLex): [2016] 6 JIEC 2702
• Docket Number: UD127/2015
• Date: 27 June 2016
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD127/2015

CLAIM OF:

Margaret Doherty

and

Higgins & Keegan Retail Limited T/A Centra Enniscrone

Representation:

Claimant: Denis M Molloy, Solicitors, Bridge St, Ballina, Co Mayo

Respondent: Galvan Smyth McEnroe, Solicitors, 11/12 John St., Sligo

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms C. Egan B.L.

Members: Mr. D. Morrison

Mr T. Gill

heard this claim at Sligo on 27th June 2016

Background:

1 Dismissal was in dispute. The claimant was employed in the deli/shop of the respondent's supermarket. She was employed from August 2008 until September 2014. The respondent contended that she requested her P45 and left of her own accord.

Claimant's case:

2 MD told the Tribunal that she had her third child in February 2014 and was due to return to work in 19 ^th August 2014. She sent a text to D the store manager on 14 ^th July to remind him of her return date. She did not receive a reply so she sent another message on 4 ^th August.

3 On 8 ^th August she received a message asking her to ring the owner PK. She rang but got no reply so proceeded to text him. He replied to her (via text) to say he had "too many staff at the moment" but would "try to fit her in for a shift or two".

4 The claimant called to the store on three occasions over the next few weeks but was never put on the roster. Under cross examination she stated that 19hours would have been sufficient for her and she would gladly have accepted that. She acted reasonably at all times. She stated that somebody else was doing her job and she shouldn't have to fight to get her hours back.

Respondent's case:

5 PK gave evidence of receiving a text from the claimant and replying saying that he would try to fit her in for a shift or two but could not guarantee her five days. He said that September was the start of the quiet time of year in the supermarket and it is when hours begin to be cut back to try and retain staff. He told the Tribunal that a new shop had opened in the town that year, so trading had become difficult and it was a tough time financially. The claimant was a part time flexible employee as per her contract. He worked well with her but said she chose not to return to work. He did not dismiss her.

6 Under cross examination he said that a letter had been drafted for Social Welfare citing that no hours were available but that was done because the claimant...