EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE,
- claimant UD2260/2011
RP2868/2011
MN2309/2011
WT922/2011
Against
EMPLOYER
– respondent 1
EMPLOYER
– respondent 2
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 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: Mr L. O Cathain
Members: Mr D. Hegarty
Mr O. Wills
heard this claim at Cork on 14th June 2013 and 18th September 2013
Representation:
Claimant(s) : In person
Respondent(s) : No appearance by or on behalf of the named respondents
The determination of the Tribunal was as follows:-
Summary of Evidence
The claimant gave evidence of commencing employment on the 28 August 2007. On the 17 November 2011 having worked thirteen to fourteen hour shifts for three days he asked if he could change his rostered hours. His employer became angry and shouted at him. The claimant ran to his car and was followed by the employer. The employer grabbed the roof and rocked the vehicle. The witness explained that he was in fear of his employer and reported the incident to the Gardaí. He never returned to work for the respondent since that date.
Determination
The Tribunal is satisfied that all parties were properly notified of the hearing. There was no appearance by or on behalf of the named respondents. The Tribunal heard the uncontested evidence of the claimant and finds that he was badly treated and unfairly dismissed. The Tribunal awards the claimant €3200.00 under the Unfair Dismissals Acts, 1977 to 2007
The claim under the Redundancy Payment Acts 1977 to 2007 is dismissed. The Tribunal noted that the claimant has orders from a Rights Commissioner in respect of his claims under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and Organisation of Working Time Act 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)