UD1536/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                             CASE NO.

                                                                                                                 UD1536/2012

Employee                    - appellant

against

Employer                     - respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:     Mr M. Noone

                    Mr J. Flannery

heard this claim at Portlaoise on 30th October 2013

Representation:

Claimant(s) : Mr. Robert White, Bolger White Egan & Flanagan, Solicitors, 8 Lismard Court,

                     Portlaoise, Co Laois

Respondent(s) : Not Present or Represented

The determination of the Tribunal was as follows:-

Claimant’s Case:

The claimant was employed by the respondent as a cleaner working an 11-hour week. He had no contract of employment, had no formal training and did not receive an employee handbook. He later downloaded a copy of the handbook from the internet.

At first he had a Supervisor and a Manager but as time passed he had no Supervisor. He began carrying out some of the Supervisor’s duties. The claimant stated that he felt he was left on his own and had to oversee his colleagues work. Communication was not good between the respondent and their employees. The Manager was overloaded with work. The employees, including the claimant, were overloaded with work and sometimes the duties had to be compromised. The clients were not happy and put pressure on the employees. The claimant told the Tribunal that he felt the respondent was “hostile” against him. Matters came to a head in August 2011.

A written warning letter dated the 5^th August 2011 was opened to the Tribunal. The claimant said he never received it. No-one approached him to raise the issue of problems with his work. The claimant was put on suspension with pay. On the 6^th September 2011 he was absent on certified sick leave. He did not receive any correspondence, personally, until the 13^th April 2012. His solicitor had received a letter dated the 8^th March 2012.

He attended a meeting with HR on the 13^th April 2012. He told the Tribunal that during the meeting he “figured it out” that he was to be dismissed. The HR Director left the room on a number of occasions and told him it was to prepare a letter. At the meeting he asked them to explain what his “shortcomings” were but was told that they could not as it would break confidentiality with their clients.

In the letter dated the 13^th April 2012 he was informed he could appeal the decision. On receipt of a letter dated the 20^th April 2012 stating the respondent’s solicitor was now dealing with the matter and the company would be “forwarding to you all legal costs” he decided not to appeal the decision.

The claimant gave evidence of loss.

Determination:

The Tribunal have carefully considered the uncontested evidence adduced by the claimant in this matter. The Tribunal finds the claimant was unfairly dismissed and awards him the sum of € 9,602.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)