Lynch v Theis Eire Teo

• Jurisdiction: Ireland
• Judgment Date: 06 July 2005
• Judgment citation (vLex): [2005] 7 JIEC 0601
• Date: 06 July 2005
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Lynch v Theis Eire Teo

Abstract:

Employment law - EAT - Constructive dismissal - Whether it was reasonable for the claimant to terminated his employment having regard to the behaviour of the respondents - Unfair Dismissals Acts, 1977 to 2001

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:	CASE NO.
Gerard Lynch, Coolmore, Coolea, Macroom, Co. Cork	UD1163/2003
	MN2533/2003
	WT313/2003

against

Theis Fire Teo, Ballyvourney, Co. Cork

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2001

ORGANISATION OF WORKING TIME ACT, 1997

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Mr K. Buckley
Members:	Mr. P. O'Leary
	Mr .J. Mc Donnell

heard this claim at Cork on 24 August 2004

and 17 May 2005

Facts The claimant, who was the general manager of the respondent company stated that he was advised that the managing director (M.D.) had been ordered by the German director to make the claimant redundant. Consequently, the claimant submitted a letter of resignation but the M.D. persuaded him to stay and he withdrew his resignation. Subsequently, the claimant received a letter from the German director stating that he was to be given notice. Communication between the M.D. and the German director had ceased and the M.D. left his employment. In evidence, the claimant accepted that the German director selected him for redundancy but he claimed his selection was unfair. The former M.D. gave evidence that he saw the claimant's continued employment as crucial to the continuation of the company. The respondents did not offer any direct evidence to the Tribunal.

Held by the Tribunal in favour of the claimant: That the claimant was left with no option but to terminate his employment. The behaviour of the directors subsequent to the claimant's withdrawal of his resignation entitled him to succeed in his claim for constructive dismissal.

The determination of the Tribunal was as follows: -

1 This being a claim of constructive dismissal it fell to the claimant to make his case.

Claimant's Case

2 The claimant told the Tribunal tat he was appointed General Manager of the respondent on 8 October 2001 and that on 20 March 2003 it was mooted that his position was untenable. He stated that the respondent produced cartons for the pharmaceutical industry.

3 The claimant stated that he met wit the directors on 19 March 2003 to discuss difficulties wit, and the future of, the Irish operation. After this meeting the German director requested a private meeting wit to managing director He told that on the following day the managing director told him of the possibility of the claimant's termination as a cost cutting exercise. He stated that this took him aback.

4 The claimant stated that he felt that if this was the opinion of the German director then he would resign and so he wrote out a letter of resignation. He stated that he would go before he was pushed but the managing director persuaded him to stay. He told the Tribunal that the order for cost cuffing came from Germany and the respondent was under serious financial difficulties, the number of employees had been reduced from thirty-two down to nineteen.

5 The claimant told the Tribunal that he resigned despite being told by the managing director that his employment was safe. He ten opened to the Tribunal a letter from to German director, dated 1 April 2003, which stated, among other things, that the claimant was to be given notice by...