EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD851/2015
CLAIM OF:
Patrick Hevey
- claimant
Against
Glenview Hotel Limited T/A Glenview Hotel And Leisure Club
- respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr J. Goulding
Mr J. Jordan
heard this claim at Dublin on 16th June 2016.
Representation:
Claimant: Mr. Eamonn McCormack BL instructed by Mr Doran W. O'Toole, Doran W. O'Toole And Co. Solicitors, Unit 3b Woodland Office Park, Southern Cross, Bray, Co. Wicklow
Respondent: Mr. Shane Lynch BL instructed by Beauchamps, Solicitors, Riverside Two, Sir John Rogerson's Quay, Dublin 2
This being a case of constructive dismissal it fell to the claimant to present his evidence first.
The determination of the Tribunal was as follows:-
Claimant’s Case:
The respondent is a hotel and the claimant commenced employment as General Manager on 1st September 2006. He enjoyed his work immensely. During the recession pay cuts were applied on all salaries. The claimant reported to the Board of Directors who had monthly meetings.
He was offered a directorship commencing on 12 April 2012 to coincide with his 66th Birthday and he stood down as General Manager. BMcN was appointed General Manager and the claimant then reported to BMcN on a daily basis. He was not paid a Director’s fee and continued on working as an employee of the hotel. His salary was reduced. His role of Director included attending Board Meetings. He covered for the General Manager during his absence, met and greeted guests and undertook any reasonable duties as requested by the Board of Directors.
Following a Board meeting in late 2014 the claimant received a telephone call from LB requesting him to stand down as Director for a day. He resigned his directorship position on 22 December 2014.
He was approached by employers and offered several positions in October /November 2014 but declined them as they did not suit him.
During the course of meetings in January 2015 with LB it was suggested that as the claimant had reached his 69th Birthday he should stand down and move on. He felt he was not wanted any more. He felt capable and fit enough to continue working and that he had more to give to the hotel. He entered into discussions with LB and terms were agreed that the claimant was prohibited from working for a competitor within a twenty mile radius of the hotel for a period of twelve months. The claimant was given an ex gratia payment in the amount of €10,000.00. The hotel organised a farewell party for him.
He took up new employment in April 2015.
Respondent’s Case:
LB is a Director of the hotel. The witness gave evidence that the hotel had been in negotiations with AIB and a set of recommendations had been drawn up. It was in the claimant’s own interest that he step down as Director.
The claimant had asked to meet the witness. Meetings took place on 7th January 2015 and again on 14th January 2015. The claimant felt unhappy and said he was not adding much to the general running of the hotel. The claimant told him that he had received job offers. The hotel was still under pressure from the bank. The witness told the claimant that he could arrange an ex gratia payment for him. The claimant thought about the offer of €10,000.00 and accepted the payment. Towards the end of January 2015 he resigned his position.
The witness wished him success in his retirement.
Determination:
Having heard evidence in this case from both parties the Tribunal is satisfied that both the respondent and the claimant came to an agreement whereby an ex gratia payment in the sum of €10,000.00 would be paid to him on his resignation. The claimant accepted this ex gratia payment. The Tribunal is satisfied that the claimant was not dismissed.
In the circumstances, the claim under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)