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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Bradley v Baird (t/a Café If) [2005] NIIT 6820_03 (5 May 2005)
URL: http://www.bailii.org/nie/cases/NIIT/2005/6820_03.html
Cite as: [2005] NIIT 6820_03, [2005] NIIT 6820_3
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- The tribunal heard evidence from the claimant and his witnesses James Mulholland and Gavin Lockhart and from the respondent. The tribunal also received 2 bundles of agreed documents amounting to 64 pages.
- The claimant claimed unfair constructive dismissal. The respondent denied that the claimant had been constructively dismissed and asserted that he had resigned.
- (a) Was the claimant constructively dismissed?
- (a) The respondent employed the claimant from October 2000 to 2 July 2003 at
- (a) To establish a constructive dismissal that is unfair an employee must prove:-
- (a) The tribunal is persuaded on the balance of probabilities that the claimant's
CASE REF: 6820/03
CLAIMANT: Conor Bradley
RESPONDENT: Leslie Baird t/a Café If
The tribunal unanimously finds that the claimant was unfairly dismissed and it awards him compensation of £7326.88.
Appearances:
The claimant appeared in person.
The respondent was represented by Ms Anderson, Peninsula Business Services Limited.
The Claim and Defence
The Issues
(b) If yes, was the dismissal unfair?
(c) If the dismissal was unfair what is the appropriate remedy?
Findings of Fact
'The Other Place' restaurant Lisburn Road, Belfast and then 'Café If' restaurant Strandmillis Road, Belfast as a chef and then head chef. The respondent owns a number of restaurants including 'Café If'.(b) The claimant was born on 7 January 1968. He earned £272 per week net.
(c) On 10/11 June 2003 the claimant spoke to the respondent about a pay rise for the second and third chefs at their request. The claimant did not push the case for a pay rise for either of them. This was the normal way of negotiating a pay rise.
(d) The restaurant manager, Kelly, had verbally abused the kitchen staff on a number of occasions.
(e) On 17 June 2003 a customer friend of the respondent left the restaurant without service from 19.25 pm to 19.55 pm. This is in breach of the restaurant policy of service within 15 minutes. The restaurant was not busy and 2 chefs were on duty. The respondent remonstrated with the claimant arising from this incident though the claimant was not on duty that evening.
(f) On 21 June 2003, Kelly, the restaurant manager, without consultation with the claimant altered the menu by adding cakes. The menu is the prerogative of the head chef.
(g) Kelly directed the staff on the manner of presentation of a chicken dish without any prior discussion or consultation with the head chef. Presentation of food is the prerogative of the head chef.
(h) On 23 June 2003 an inspection was carried out on behalf of the Environmental Department of Belfast City Council. It criticised matters that were the responsibility of the respondent and matters within the responsibility of the head chef. The respondent discussed the matter with the claimant and admonished him.
(i) On 23 June 2003 the claimant applied for a family holiday from 2-16 July 2003. On 26 June he was given a written notice requiring 4 weeks notice of holidays. The second chef had had a holiday 1 week earlier and he had just given 1 week's notice.
(j) On 27 June 2003 the claimant resigned giving the respondent 1 week's notice.
(k) The claimant attempted to obtain other employment and obtained work on 21 December 2003.
The Law
(i) that there was a breach of his contract of employment, and
(ii) that the breach went to the core of the contract, and
(iii) that he resigned as a result of the breach, and
(iv) that he resigned fairly soon after the breach occurred, and
(v) that in all the circumstances the employer acted unreasonably.
(b) The breach of contract can be the breach of an express term of the contract or a breach of the implied term of trust and confidence or both.
(c) A breach of the implied term of trust and confidence can be by a single act of the employer or a course of conduct over a period of time.
(d) Where a course of conduct is relied upon it is not necessary that any single act itself amounts to a breach of the implied term of trust and confidence but the course of conduct cumulatively must amount to the breach of the implied term.
Application of the Law and Findings of Fact to the Issues
contract of employment was breached.
(b) That breach was a breach of the implied term of trust and confidence and it related to a number of incidents in June 2003:-
(i) The restaurant manager verbally abused kitchen staff.
(ii) The interference by the restaurant manager into matters that lie within the control of the head chef without any discussion or consultation on 2 occasions.
(iii) The imposition of 4 weeks' notice of holiday for the claimant whereas another chef got a holiday a week earlier with only 1 week's notice.
(c) The breach of the claimant's contract went to the core of the agreement.
(d) The claimant left in response to that breach of contract.
(e) The claimant left as soon as the breach occurred.
(f) The respondent's conduct was unreasonable in all the circumstances.
(g) The respondent constructively dismissed the claimant and that constructive dismissal was unfair.
(h) In making these findings the tribunal found the claimant a more reliable witness that the respondent.
(i) The tribunal is satisfied that the claimant has mitigated his loss. He is entitled to compensation as set out below:-
Basic Award
£260 x 2 = £520.00
Compensatory Award
From 3 July to 20 December 2003
£272.00 x 24.29 = £6606.88
Loss of statutory rights = £200.00
Total compensation = £7326.88
Prescribed period 3 July to 20 December 2003
Prescribed element = £6606.88
Excess of the compensatory award
over the prescribed element = £ 720.00
(j) This is a relevant decision for the purposes of the Industrial Tribunals Interest Order (Northern Ireland) 1990.
(k) Your attention is drawn to the notice below which forms part of the decision of the tribunal.
Chairman:
Date and place of hearing: 25 November 2004, 6 and 7 April and 4 and 5 May 2005, Belfast.
Date decision recorded in register and issued to parties: