EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE, UD137/2012
against
EMPLOYER
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. J.J. Killian
Ms. H. Kelleher
heard this case in Cork on 18 July 2013
Representation:
_______________
Claimant(s):
Respondent(s):
No attendance or representation
The determination of the Tribunal was as follows:-
Claimant’s Case
From July 2008 to July 2011 the claimant worked for a security company (here referred to as GX) at Charleville Town Centre but the respondent then took over the contract. The claimant kept working in that he just switched to the respondent when the undertaking transferred. However, when, in December 2011, the claimant raised some issues with regard to forms relating to his kind of part-time employment, the claimant’s employer got very angry and simply dismissed him summarily.
Respondent’s Case
No defence was provided to the Tribunal by or on behalf of the respondent.
Determination:
On the limited information available to it, the Tribunal assesses the claimant’s gross weekly pay with the respondent to have been €320.00.
As no attempt was made by or on behalf of the respondent either to dispute the claimant’s dismissal or even to show substantial grounds to justify such a dismissal, the Tribunal is left with no option but to allow the unfair dismissal claim.
Having heard sworn testimony from the claimant as to the financial loss incurred by him as a result of his dismissal and his efforts to mitigate that loss by obtaining new employment, the Tribunal unanimously allows the claim under the Unfair Dismissals Acts, 1977 to 2007, and, in all the circumstances of the case especially the claimant’s efforts at mitigation of loss, deems it just and equitable to order that the respondent pay the claimant the sum of €10,000.00 (ten thousand euro) as compensation under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)