A WAITRESS who was sacked from one of Chester's top hotels despite producing a sick note has won her claim of unfair dismissal.
Nuria Brotons, of Bouverie Street, Chester, took her case against Gary and Gordon Vickers co-owners of the Mill Hotel, Chester, to an employment tribunal hearing in Liverpool.
During a one-day hearing, the bench ruled that Miss Brotons was unfairly and wrongfully dismissed from the Milton Street hotel earlier this year.
They said Gary and Gordon Vickers failed to pay holiday pay and the parties agreed that £225 was due to Miss Brotons.
The hotel co-owners were also ordered to pay Miss Brotons £1,152 compensation and damages in respect to her successful unfair and wrongful dismissal claim.
Miss Brotons was employed as a waitress from November 12, 1998, but was dismissed on January 29, 2003.
She was dismissed after failing to attend work, in accordance with her rota, over the 2002 Christmas period.
However, Miss Brotons had produced a self-certif icate of ill-health and subsequently, on request from the hotel, a certif icate from her doctor.
On hearing the evidence, the bench ruled that the hotel bosses failed to carry out an investigation into the circumstances of Miss Brotons' nonattendance at work and neither offered her an opportunity to explain her conduct or to appeal against the decision to dismiss her.
Miss Brotons knew Gary and Gordon Vickers required her to work over the Christmas period in 2002.
She indicated on December 22, while at work, that she would be unwell the following week (by virtue of an alleged certif icate of ill-health dated December 19, 2002) and was challenged on this.
Miss Brotons subsequently produced a self-certificate of ill-health dated December 23 but her employer did not receive it until December 30, 2002.
Taking into account this evidence, the bench ruled that Miss Brotons failed in the interim period to contact her employer and said that she contributed 10% to the dismissal.
The tribunal chairman said: 'It was just and equitable in the circumstances to reduce both the compensatory and basic awards in that sum.
'The applicant (Miss Brotons) failed to mitigate her losses in that she did not make satisfactory efforts to find employment following dismissal.'
Earlier this year, Gordon Vickers received the Chester Business Club Community Award for making an 'outstanding contribution' to the life of Chester.