Whitehead v I.S.S. Ireland Ltd

• Jurisdiction: Ireland
• Judgment Date: 06 November 1998
• Judgment citation (vLex): [1998] 11 JIEC 0601
• Date: 06 November 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Whitehead v I.S.S. Ireland Ltd

Abstract:

Dismissal - Contract cleaner - Dispute as to whether claimant had tendered his resignation - Grievance - Fair procedures - Whether dismissed or resigned - Minimum Notice and Terms of Employment Acts 1973-1991 - Unfair Dismissals Acts 1977-1993

Claimant worked unsociable hours and considered leaving his employment. Informed his superior that he was thinking of leaving but had no decided yet. Claimant said his superior asked him to give them at least one and if possible, two weeks notice. About a week later his superior referred to him working out his notice period as he was leaving at the end of the week. Claimant protested that he had not given his notice the previous week but to no avail.

The Tribunal determined that the claimant's denial that he had given his notice amounted to a grievance in which the...