Hevey v Glenview Hotel Ltd

• Jurisdiction: Ireland
• Judgment Date: 16 June 2016
• Judgment citation (vLex): [2016] 6 JIEC 1608
• Date: 16 June 2016
• Docket Number: UD851/2015
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD851/2015

CLAIM OF:

Patrick Hevey

claimant

and

Glenview Hotel Limited T/A Glenview Hotel And Leisure Club

respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms. M. Levey B.L.

Members: Mr J. Goulding

Mr J. Jordan

heard this claim at Dublin on 16th June 2016.

1 This being a case of constructive dismissal it fell to the claimant to present his evidence first.

The determination of the Tribunal was as follows:-

Claimant's Case:

2 The respondent is a hotel and the claimant commenced employment as General Manager on 1st September 2006. He enjoyed his work immensely. During the recession pay cuts were applied on all salaries. The claimant reported to the Board of Directors who had monthly meetings.

3 He was offered a directorship commencing on 12 April 2012 to coincide with his 66^th Birthday and he stood down as General Manager. BMcN was appointed General Manager and the claimant then reported to BMcN on a daily basis. He was not paid a Director's fee and continued on working as an employee of the hotel. His salary was reduced. His role of Director included attending Board Meetings. He covered for the General Manager during his absence, met and greeted guests and undertook any reasonable duties as requested by the Board of Directors.

4 Following a Board meeting in late 2014 the claimant received a telephone call from LB requesting him to stand down as Director for a day. He resigned his directorship position on 22 December 2014.

5 He was approached by employers and offered several positions in October /November 2014 but declined them as they did not suit him.

6 During the course of meetings in January 2015 with LB it was suggested that as the claimant had reached his 69^th Birthday he should stand down and move on. He felt he was not wanted any more. He felt capable and fit enough to continue working and that he had more to give to the hotel. He entered into discussions with LB and terms were agreed that the claimant was prohibited from working for a competitor within a twenty mile radius of the hotel for a period of twelve months. The claimant was given an ex gratia payment in the amount of €10,000.00. The hotel organised a farewell party for him.

7 He took up new employment in April 2015.

Respondent's Case:

8 LB is a Director of the hotel. The witness gave evidence that the hotel had been in negotiations with AIB and a...