Gino Takeaway owner ordered to pay brother €13,000

Albano di Vetta was working for his brother Luigi at Gino Takeaway

The Employment Appeals Tribunal was told that Albano di Vetta worked 51 hours per week, but his payslips only showed his hours of work as 39 hours per week. Photograph: David Sleator

A restaurant owner has been ordered to pay his brother over €13,000 because he unfairly dismissed him.

Albano di Vetta has worked for his brother Luigi at Dublin fast food restaurant, Gino Takeaway from February 2009 until his dismissal on May 25th, 2013. The relationship began to break down in May of last year due to an alleged downturn in business.

He told the Employment Appeals Tribunal that he worked 51 hours per week, but his payslips only showed his hours of work as 39 hours per week.

He had requested his hours of work be correctly displayed on his payslips and, in response, his brother had issued him with a letter which stated that his hours of work were being reduced to 21 hours per week.

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The Tribunal heard that Luigi di Vetta wanted to reduce his working hours dramatically without any consultation and would not talk to Albano about the reduction.

Albano di Vetta said he reluctantly worked these hours for approximately two to three weeks. After that, he asked his brother if he could leave work early because his wife had become ill. There was a disagreement between the brothers and Luigi told him he was fired.

The evidence of Albano di Vetta was uncontested as his brother did not attend the hearing in Dublin in June of this year.

In its finding, the Tribunal said it was satisfied that he was unfairly dismissed within the terms of the Unfair Dismissals Acts and awarded him compensation of €13,455.