MN472/2012, UD617/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                  CASE NO.

EMPLOYEE                                                                                      MN472/2012

                                                                                                            UD617/2012

-          claimant

against

EMPLOYER  respondent

EMPLOYER  respondent

EMPLOYER  respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Dr. A.  Courell B.L.

Members:     Mr. D.  Morrison

                     Ms. R.  Kerrigan

heard this claim at Donegal on 3rd October 2013

Representation:

Claimant(s) :

Respondent(s) : Not Present or Represented

The determination of the Tribunal was as follows:-

Determination:

The claimant was employed as a chef in the respondent’s hotel.  He was dismissed in 2011 for allegedly arriving to work while under the influence of alcohol.  The claimant’s uncontested evidence denied this allegation and he stated he had just arrived for work late but was not reprimanded that day.  He was summarily dismissed on 26 November 2011. 

Based on the uncontested evidence adduced by the claimant the Tribunal finds the claimant was unfairly dismissed.  Accordingly, the Tribunal awards the sum of €7,450.00 under the Unfair Dismissals Acts, 1977 to 2007.

Loss having been established the Tribunal awards the sum of €1,349.40, this being two weeks gross wages, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)