During a recent sitting of the Employment Appeals Tribunal (EAT), David Jordan, Ballinruddy, Mostrim, was awarded €19,000 against Ciaran Gallagher, St Ciaran’s, Rosebery, Newbridge, Co Kildare and Clonrose Pubs Limited (In Liquidation), Collins Garcia, A Corporate Recovery, 28 Fitzwilliam Place, Dublin 2 under the terms of the Unfair Dismissals Acts 1977-2007. Mr Jordan was also awarded a further €1,400 after the EAT found that he had not been paid in lieu of notice.
Mr Jordan told how he was employed as head chef at the premises on a gross weekly wage of €700 from June 2007 until his dismissal in December 2009. He said that he felt “under pressure” to leave in the weeks prior to the dismissal and that he received a text from his employer on December 23, 2009 which indicated that a new chef had been hired. “The text wished me the best of luck and informed me that a new chef was employed from December 27,” Mr Jordan added. “I rang the owner to ask what was going on and told him I was not leaving my job. I continued to work until Christmas Eve and the owner refused to meet with me or have any dealings with me.”
Mr Jordan went on to say that he returned to work – as normal – after the Christmas break and was subsequently asked to leave the premises by the owner. “I was told that I no longer worked there and asked to leave the premises,” he explained further. “A new chef and friend of the owner was working in the kitchen and I was told that the guards would be called if I refused to leave the building.”
The Tribunal then heard that Mr Jordan’s final pay cheque was “a personal one” and that it did not contain any notice pay or outstanding holiday pay.
In its determination on the matter, the EAT considered Mr Jordan’s uncontested evidence as no representative for the company attended the Tribunal. It was found that Mr Jordan had been unfairly dismissed and he was subsequently awarded accordingly. “The Tribunal is satisfied that the claimant was unfairly dismissed and awards him € 19,000.00 under the Unfair Dismissals Acts, 1977 to 2007,” the tribunal stated. “The Tribunal is satisfied from the evidence adduced that the claimant was not paid in lieu of notice and awards the sum of €1,400. There is also holiday pay owing to the claimant so the Tribunal awards the amount of €749.69 under the Organisation of Working Time Act, 1997, in respect of that.”