Lynott v Vinaccia and Ors t/a Aldo’s Restaurant Posted In: Case Law
Case ReferenceNIIT (CASE REF: 5984/18)
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionDismissal
Lynott v Vinaccia and Ors t/a Aldo’s Restaurant  NIIT (CASE REF: 5984/18)
Keywords: Unfair Dismissal; Dismissal v Resignation; Heat of the Moment Argument; One-Off Incidents
The claimant was employed as a chef at the respondents’ restaurant. One shift, an altercation arose between the claimant and the owner. The claimant accepted that he demanded his wages and shouted “I am leaving” but claimed that he was told to get out. The respondent argued that the claimant was asked to leave due to unacceptably aggressive behaviour.
Prior to the incident, the claimant had a clear disciplinary record and enjoyed a good working relationship with his employers. The tribunal determined that in the
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