When is a Resignation by the Employee Really a Dismissal in Law by the Employer?

Posted in : Supplementary Case Law Articles ROI on 14 June 2010
David Fagan
Business Legal
Issues covered:

Today's article concerns the question of when is a resignation by the employee really a dismissal in law by the employer?

Case Name and Reference: McCarthy v Gary O’ Donovan (UD 154/2009, MN 156/2009)
Court or Tribunal: Employment Appeals Tribunal (“EAT”)
Legislative Reference: Unfair Dismissals Acts, 1997 to 2007, Minimum Notice and Terms of Employment Acts, 1973 to 2005
Jurisdictions/Subject Matter: Resignations


The claimant (the “employee”) was employed as one of three assistant managers in the respondent’s (the “employer”) pub. His work comprised of general bar work and staff supervision and he reported to the general manager. The employee did not receive overtime or bank holiday pay

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This article is correct at 06/08/2015

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David Fagan
Business Legal

The main content of this article was provided by David Fagan . Contact telephone number is +353 1 636 3165 or email David.Fagan@bizlegal.eu

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