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

Facts

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 but he took time off in lieu which was organised among