A fast-food shop assistant who claimed she suffered a miscarriage after being kicked by her employer has succeeded in a claim for unfair dismissal.
Patrina Sinnott, Chancery, Turlough Road, Castlebar, Co Mayo, was awarded €4,000 by the Employment Appeals Tribunal.
In a decision just published, the tribunal found she was constructively dismissed in February 2004 by John Carlo Deramo, trading as JC's Takeaway, Tucker Street, Castlebar.
Mr Deramo told the tribunal that Ms Sinnott's claims that he had verbally and physically abused her were "lies". He claimed Ms Sinnott and others who had given evidence on her behalf were out to get him.
Ms Sinnott told the tribunal that Mr Deramo frequently made reference to her physical features and would call her a bitch, a slut or a whore. He had intimidated her and assaulted her several times, she alleged.
She said that on November 5th, 2003, she told Mr Deramo she was pregnant and his reply was: "If you follow me for maternity leave, I'll f . . . ing kill you."
Two weeks later, on November 19th, Mr Deramo kicked her in the backside while she was filling the fridge with soft drinks because she had obscured his view of the television, she said.
Some time later she felt sick and began to bleed from her vagina and went to the A&E department of the local hospital, where she was told she had a threatened miscarriage.
She said it was confirmed in February 2004 that she had suffered a miscarriage in November 2003. She attributed the miscarriage to the events of November 19th.
When she returned to work on November 21st, her hours were reduced from 40 per week to six. She said no "stamps" had been paid and she had never received a P45.
Another former employee told the tribunal she had seen Mr Deramo abuse Ms Sinnott verbally and physically.
Mr Deramo denied the claims and expressed puzzlement at his presence before the tribunal.
He said he had generally kept quiet when Ms Sinnott had cursed at him and on at least one occasion she had slapped him in the face. He accepted he had never issued her with a contract of employment, but said her non-receipt of a P45 was his accountant's fault.
A former assistant to Mr Deramo described him as a fair employer and had never seen him assault Ms Sinnott or use bad language towards her.
