Gerard O’Donaghue v BAND Distribution Limited

The claimant complained that he was unfairly dismissed after seeking payment of his wages from the respondent without prior discussion or a right of appeal. He also alleged that from the start of his employment he had not received holiday pay and was paid below the minimum wage. The respondent resisted the claims and asserted that the claimant was initially brought in on a training scheme and only later formally employed as a casual worker on -call as required, was not entitled to notice and had resigned when asked for keys of the shop. 

There was a dispute as to whether the claimant resigned or was summarily dismissed. Upon finding that the claimant was not afforded the right to