EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
UD2006/2011
Employee, Appellant MN2036/2011
WT98/2013
against
Employer - Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony BL
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this case in Cork on 30 May 2013
Representation:
_______________
Claimant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation
The determination of the Tribunal was as follows:-
The claimant was employed as a driver by the respondent, in its cash-and-carry business, from 15 March 2010 to 15 July 2011. The number of days worked by the claimant varied from between three to five days per week averaging some four hundred euro per week. The practice was that the respondent’s director (the director) would inform the claimant whenever work was available.
However, the director stopped phoning the claimant after 16 June 2011. When the claimant finally enquired in July 2011 as to whether the respondent would have any more work to give him he was told that it was none of his business.
The claimant got no further work from the respondent but mitigated his loss by obtaining well-paid new employment after a month without work. He did no receive any payment in respect of his notice entitlement from the respondent. He was not paid for eleven days holidays due to him or for four bank holidays.
Determination:
The Tribunal is satisfied that the respondent was duly notified of the hearing.
Based on the uncontroverted evidence of the claimant, the Tribunal finds that the claimant was dismissed.As the respondent did not attend the hearing to offer evidence to discharge the onus of proof that rests on the employer under s.6 (6) of the Unfair Dismissal Acts, the Tribunal, applying s.6 (1) of the Acts, deems the dismissal to be unfair. Accordingly, the claim under the Acts succeeds. Having heard evidence of loss the Tribunal awards the claimant the sum of €1,600.00 (this amount being equivalent to four weeks’ gross pay at €400.00 per week) under the Unfair Dismissals Acts, 1977 to 2007.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, succeeds, and the Tribunal awards the claimant the sum of €400.00 (this amount being equivalent to one week’s gross pay) in respect of his entitlement under those Acts.
The Tribunal awards the claimant the sum of €1,200.00, this amount being equivalent to fifteen days’ gross pay (four of which are in respect of payment for bank holidays) under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)