EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
EMPLOYEE UD1597/2011
MN1659/2011
against
EMPLOYER
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: Ms. K. O'Mahony B.L.
Members: Mr. P. Casey
Mr. J. Flavin
heard this claim at Cork on 3rd October 2013
Representation:
Claimant:
Respondent:
Background
The legal representative for the respondent told the Tribunal that he had no instructions from the respondent and could not offer any explanation as to the non-appearance of the respondent at the hearing. The Tribunal was satisfied that the respondent had been properly notified of the hearing.
The claimant told the Tribunal that he was dismissed by the respondent without notice or recourse to fair procedures or natural justice on 24th June 2011.
Determination
Based on the uncontroverted evidence of the claimant, the Tribunal finds that there was a dismissal. As the respondent did not attend the hearing to offer any 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 €24,712.00, as compensation under the Unfair Dismissals Acts, 1977 to 2007. In deciding this amount the Tribunal is cognisant of certain payments already made by the respondent to the claimant.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, succeeds, and the Tribunal awards the claim the sum of €673.08, this being the equivalent of one week’s pay, as compensation in lieu of notice.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)