Lukasz Kowalik against the recommendation of the Rights Commissioner in the case of: Vincent Power Posted In: Case Law
Case ReferenceUD 1120/2010
Legal BodyEmployment Appeals Tribunal (EAT)
Type of Claim / JurisdictionUnfair Dismissal, Redundancy and Reorganisation
The claimant was employed as a waiter at the respondent’s café. In 2009, the business was experiencing difficulties and the respondent decided to let the claimant go. Another waitress taken on after the claimant who had been promoted to assistant manageress was retained. The claimant had been on sick leave at the time of his selection for redundancy and the respondent had never raised any issues over this absence. The respondent argued that there were a number of grounds justifying the selection made. In particular, the respondent noted that the claimant had been rude to a customer. This incident was never raised with the claimant nor was the claimant ever subject to any disciplinary
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