Owens v Badger Hollow Developments Ltd

• Jurisdiction: Ireland
• Judgment Date: 27 August 2003
• Judgment citation (vLex): [2003] 8 JIEC 2701
• Date: 27 August 2003
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Owens v Badger Hollow Developments Ltd.

Representation:

Claimant:

Mr Rory Benville, Rory P Benville & Co, Solicitors, 9 Main Street,

Bray, Co Wicklow

Respondent:

Mr Owen McCarthy, Owen McCarthy, Solicitors,

10a Gratten Crescent, Inchicore, Dublin 8

Abstract:

Employment law - EAT - Unfair dismissal - Constructive dismissal - Concern over employer's failure to register claimant for tax - Dispute over back pay owing - Unfair Dismissals Acts 1977 to 2001

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD 167/2002

CLAIM OF:

Jonathan Owens, 29 Wolfe Tone Square North, Bray, Co Wicklow

Against

Badger Hollow Developments Limited, 80 Ashgrove, Kill Avenue, Dun Laoghaire, Co Dublin

Under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Ms T. Daly, B.L.

Members:

Mr G. Mc Auliffe

Mr S. Galavan

heard this claim at Dublin on 27th June 2002

and 28th August 2002

and 19th June 2003

Facts The claimant resigned and claimed that he had been constructively dismissed. He had encountered difficulties obtaining his salary and was expected to work overtime with no extra remuneration. He discovered that the revenue commissioners had no record of his employment with the respondent. He raised the issue with the respondent but the respondent failed to address the issue. He began to suffer stress and felt he had no choice but to resign.

Held in finding that the claimant had been constructively dismissed and awarding the claimant 4000 compensation that it was reasonable for the claimant to be concerned about his tax affairs and to want these issues regularised. The claimant's frustration was added to by a dispute over back pay owing to him.

1 The determination of the Tribunal was as follows:

Claimant's case

2 The claimant in sworn evidence told the Tribunal that he began his employment on the 25th September 2000. That company was taken over by the above named respondent in July 2001. At the outset of his employment he encountered some difficulties in obtaining his salary. He said that he was expected to work overtime and received no extra remuneration for it. In August 2001 the claimant's wife ended her own employment and attempted to seek a refund of tax from the Revenue Commissioners. After some enquires the Revenue Commissioners told him that they had no record of his employment with the respondent. He...