EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE, UD405/2012
MN344/2012
WT149/2012
against
EMPLOYER
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: Mr. R. Maguire BL
Members: Mr. T. O'Sullivan
Mr. N. Dowling
heard this case in Mullingar on 29 October 2013
Representation:
_______________
Claimant(s):
Respondent(s):
The determination of the Tribunal was as follows:-
Claims were brought under unfair dismissal, minimum notice and working time legislation in respect of the employment of a truck driver between April 2009 and September 2011.
The respondent’s representative stated that he had no instructions.
At the start of the Tribunal hearing it was stated on behalf of the claimant that the working time matter had been resolved.
Giving sworn testimony, the claimant said that the respondent exported live animals to Europe and brought back tiles and other goods. He was paid per trip. However, he alleged that he had been obliged to work excessive hours and thereby breach EU guidelines. In late August 2011 his truck was overloaded. He was arrested for not having the proper paperwork and jailed. However, rather than pay the relevant fine to have the claimant released the respondent just sent a man to collect the claimant’s truck. After having an acquaintance provide the fine money to have the claimant released, the claimant ended his employment with the respondent and considered himself constructively dismissed. He did not want to be jailed again in connection with the respondent’s paperwork shortcomings.
The Tribunal was presented with details of the claimant’s financial loss and unsuccessful wish to find new employment.
Not having a client present, the respondent’s representative did not cross-examine the claimant.
Determination:
The claim under the Organisation of Working Time Act, 1997, was withdrawn.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, falls because the Tribunal did not find that the respondent had breached the said legislation.
Regarding the unfair dismissal claim the Tribunal finds, on the uncontroverted evidence of the claimant, that the claimant was constructively dismissed. Allowing the claim under the Unfair Dismissals Acts, 1977 to 2007, the Tribunal awards the claimant compensation in the amount of €61,161.60 under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)