Lynott v Sancta Maria Ltd

• Jurisdiction: Ireland
• Judgment Date: 30 October 1998
• Judgment citation (vLex): [1998] 10 JIEC 3001
• Date: 30 October 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Lynott v Sancta Maria Ltd

Claimant(s): John J Gordon & Son, Solicitors. O'Rahilly Street, Ballina, Co. Mayo

Respondent(s): Adrian P. Bourke & Co., Solicitors, Victoria House, Ballina, Co. Mayo

Abstract:

Dismissal - Whether dismissed or left voluntary - Unfair Dismissals Acts 1977 - 1993 - Minimum Notice and Terms of Employment Acts 1973 - 1991

EMPLOYMENT APPEALS TRIBUNAL

CASE NO:

UD331/98 MN8 13/98

CLAIM(S) OF

Mary Lynott, Ballyogan, Culleens, Co. Sligo

against

Sancta Maria Ltd, Main Street. Enniscrone, Co. Sligo under

MININUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 1991 UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

Chairman: Ms E. Kearney

Members: Mr. D. Morrison Mr. M. Mc Garry

heard this claim at Ballina on 22nd July 1998

Claimant started working for the respondent in a part-time capacity and later full time. At end July 1997 claimant took unpaid sick leave. Had a good relationship with her employers and believed that she could return to her work as soon as she was well enough. Over Christmas 1997 she informed respondent that she could return to work in January. Respondent said to contact them on their return from holidays but nonetheless she worked and was paid for working on the 16th & 17th January. On 29th January she met the respondent who informed her that if she returned to work that she would have to start from scratch working a few hours a week. She received her P60 dated from 29th January and a reference. Claimant consulted a solicitor and after a letter was sent to the respondents she was offered four days a week. She declined this and was offered five days a week. Respondent claimed that the claimant knew that she could return to work at any time but that she would have to work up her hours. Following receiving solicitors' letters they endeavoured to clear up any misunderstanding.

The Tribunal determined the claimant had a valid expectation to return to work on the same terms she had left and determined that the respondent had dismissed her on the 29th January. Awarded £1,600 for unfair dismissal and £500 under the Minimum Notice and Terms of Employment Acts 1973 – 1991.

The determination of the Tribunal was as follows:-

1 Dismissal as a fact was in dispute in this case. Also, there was some disagreement over

2 whether the claimant started work with the respondent company in 1991 or1992.

3 Claimant's Case:

4 The claimant...