Dunne v Costello, Belmont Hotel Ltd

• Jurisdiction: Ireland
• Judgment Date: 08 May 1999
• Judgment citation (vLex): [1999] 5 JIEC 0801
• Date: 08 May 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Dunne v Costello, Belmont Hotel Ltd

Abstract:

Dismissal - Claimant's ill-health - Leave of absence - Dismissal in dispute

Claimant worked as chef in respondent's hotel and suffered from deteriorating ill-health. There was confusion as to whether the claimant took leave of absence at his own volition or by suggestion of the respondent. During such leave the respondent appointed another as head chef as the claimant could guarantee his availability in the future.The respondent was related by marriage and refuted claims that he was badly treated, the contrary was the case. There was evidence that the claimant worked elsewhere while on sick leave. Respondent disputed that claimant was dismissed but claimed that he left of his own volition. The Tribunal determined that the claimant's termination of employment did not...