Quinlan v Tucon process Installations Ltd

• Jurisdiction: Ireland
• Judgment Date: 15 June 2004
• Judgment citation (vLex): [2004] 6 JIEC 1501
• Date: 15 June 2004
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Quinlan v Tucon process Installations Ltd.

Abstract:

EAT - Employment law - Unfair Dismissal - Requisite service to pursue claim - Constructive dismissal - Verbal abuse - Unfair Dismissals Act 1977 to 2001 - Minimum Notice and Terms of Employment Acts 1973 to 2001

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD395/2003

MN545/2004

APPEAL OF:

Jimmy Quinlan, Longwood, Clonmacken, Ennis Road, Limerick

against

Tucon Process Installations Limited, Carrig, Clarina, Co. Limerick

under

UNFAIR DISMISSALS ACTS, 1977 TO 2001

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Ms. B. Glynn

Members:

Mr. M. Forde

Mr. T. Kennelly

heard this claim in Limerick on 2nd March 2004

Facts At the outset the Tribunal had to determine if the appellant had the requisite service to pursue a claim. The appellant claimed that he had been constructively dismissed. The appellant worked as a fitter. The foreman verbally abused him and told him to leave the workplace.

Held by the Tribunal in awarding the claimant €3,000 and pay in lieu of notice that the dismissal was unfair. The appellant did not have the requisite service to pursue a claim under the Unfair Dismissals Acts 1977 to 2001 but his entitlement under the Minimum Notice and Terms of Employment Acts 1973 to 2001 could be added to extend the date of the termination of his employment and in those circumstances he had the requisite service.

1 The determination of the Tribunal was as follows:

Preliminary Issue:

2 At the outset the Tribunal had to determine if it bad jurisdiction to hear the appeal.

3 The Tribunal heard that the appellant commenced employment with the respondent on the 9th February 2002 and that the employee left his place of employment on the 6th February 2003. The Tribunal noted that the appellant did not have the requisite service to pursue a claim under the Unfair Dismissals Acts, 1977 to 2001. It was submitted by the representative for the appellant that his entitlement under the Minimum Notice and Terms of Employment Acts, 1973 to 2001 should be added to extend the date on which the appellant's employment was terminated.

4 The Tribunal accepts that the appellant's entitlement under the Minimum Notice and Terms of Employment Acts, 1973-2001 can be added to extend the date of the termination of his employment to 13th February 2003. In...