EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE UD766/2012
WT252/2012
against
EMPLOYER
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. J. Killian
Mr. D. McEvoy
heard this case in Cork on 15 October 2013
Representation:
_______________
Claimant(s):
Mr. Eamonn Moloney, Eamonn Moloney & Co, Solicitors,
1/2 Anglesea Street, Cork
Respondent(s):
Mr John Mullany, Mullany & Co.., Chartered Acountants, College House, 71/73 Rock Road, Blackrock, Co Dublin wrote to the Tribunal to say that he would not be in attendance at the hearing but that the respondent would abide by the Tribunal’s decision.
The determination of the Tribunal was as follows:-
Claims were brought under unfair dismissal and working time legislation in respect of the employment of a sporting club cashier from May 2008 to 9 November 2011 when she was allegedly apologetically asked by a security staff member at the end of her shift to pack up and go.
The respondent did not present a defence.
Giving sworn testimony at the Tribunal hearing, the claimant said that the abovementioned security employee (TOR) had said that she had done nothing wrong. The respondent had run poker, blackjack and other games but it was asserted that compliance with employment paperwork was not all that it might have been either in respect of the claimant or other employees who were often from other countries. Regulation did not appear to have been strict and the claimant even wondered if her dismissal had been around the fact that she might have known too much about the running of the respondent and any associated shortcomings.
The claimant told the Tribunal that there had been no disciplinary proceedings against her and that she had moved quickly to find new employment rather than incur loss arising from her dismissal.
Determination:
The claim under the Organisation of Working Time Act, 1997, falls because it was not shown to the Tribunal that there was any award that could or should be made under the said legislation that had not already been made to the claimant under other legislation.
As no defence was made to show any substantial grounds to justify the claimant’s dismissal the Tribunal can only find the said dismissal unfair. Given that the Tribunal can award up to four weeks’ pay even when there is no loss incurred after an unfair dismissal, the Tribunal unanimously deems it just and equitable to award the claimant compensation in the amount of €1,600.00 (this amount being equivalent to four weeks’ remuneration at €400.00 per week) in allowing the claim under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)