Eoin Lynch v Dunnes Stores

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 05 November 2008
• Judgment citation (vLex): [2008] 11 JIEC 0503
• Date: 05 November 2008

Employment Appeals Tribunal

EAT: Eoin Lynch (claimant) v Dunnes Stores (respondent)

Representation:

Claimant	Ms Elizabeth Walsh B.L., instructed by Ms Gillian Mahony, Mary T. Ronayne, Solicitor, The Brewery, Shandon, Dungarvan, CoWaterford
Respondent	Mr Duncan Inverarity, BCM Hanby Wallace, Solicitors, 88 Harcourt Street, Dublin 2

Abstract:

Unfair Dismissal - Constructive Dismissal - Fair Procedures - Bullying in work place - Resignation of employee - Whether failure to reinstate - Whether employee left of his own accord - Unfair Dismissals Acts, 1977 To 2007 - Minimum Notice And Terms Of Employment Acts, 1973 To 2005 - Organisation Of Working Time Act, 1997.

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:	CASE NO.
Eoin Lynch, 6 Lake Drive, Ivowen, Kilsheelan, Co. Tipperary	MN393/2007
	WT170/2007
	UD536/2007

against

Dunnes Stores, Beaux Lane House, Mercer Street Lower, Dublin 2

Dunnes Stores, 46 Great Georges Street, Dublin 2

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 ORGANISATION OF WORKING TIME ACT, 1997 UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Ms. K. T. O'Mahony B.L.
Members:	Mr J. Hennessy
	Mr D. McEvoy

heard this claim at Waterford on 1 st July 2008 and 5th November 2008

Facts The claimant had been working as a fruit and vegetable manager for the respondent, a major retailer. It was the claimant's case that after he had been transferred to a different store he had an unsatisfactory relationship with the store manager who upon meeting him had allegedly said “It is my way or no way”. The claimant contended that he had been harassed in work, was not allowed to do his job properly and was being made to look a fool in front of the staff. The claimant eventually went on sick leave and submitted medical certificates on a weekly basis to the respondent. A dispute had arisen over the receipt of the claimant's medical certificates and when the claimant checked with the head office the recruitment manager told him that his employment had been terminated because medical certificates had not been received. On behalf of the respondent the recruitment manager denied telling the claimant that his employment had been terminated. The store manager denied that the claimant's employment had been terminated and indicated that the respondent was awaiting the claimant's return to work when certified fit.

Held by the Employment Appeals Tribunal in finding in favour of the claimant. Dismissal was in dispute in this case. The Tribunal was satisfied that the recruitment manager had informed the claimant that his employment had been terminated and that this had been relayed to the store manager. No steps had been taken to reinstate the claimant despite ample opportunity being available. In the circumstances it was reasonable for the claimant to have sought alternative employment. There were no grounds to justify his dismissal and the dismissal was unfair. A sum of €18,000 would be awarded under the Unfair Dismissals Acts,1977 to 2007. No award was made under the other claims.

The determination of the Tribunal was as follows:-

1 Dismissal was in dispute in this case.

Summary of the Evidence

2 Following a successful interview with the respondent (at a time when it was recruiting managers) the claimant commenced employment with the respondent on 14th June 2004. Following a learning period in a number of stores the claimant spent under two years as fruit and...