EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE , UD2140/2011
–claimant
against
EMPLOYER -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. K. Buckley
Members: Mr. D. Hegarty
Mr. D. Mc Evoy
heard this claim at Cork on 22nd May 2013
Representation:
Claimant:
Respondent:
Background:
The respondent company in this case is in liquidation. The claimant was employed as a business development manager. The respondent representative is the liquidator and he attended the hearing. The respondent’s position is that the claimant was laid-off because of lack of work and that therefore they had no liability under the Unfair Dismissals Acts, 1977 To 2007. The claimant’s position is that he was dismissed without regard to fair procedures and was never subject to any disciplinary sanction during his employment with the respondent. In addition prior to terminating his contract of employment, the respondent tried to breach his contractual rights by requesting that he be engaged as a consultant rather than remain directly employed. Also that the respondent tried to circumvent his rights under the Unfair Dismissals Acts, 1977 To 2007, by attempting to dismiss him without notice on 31st October 2011, one day before he would have been covered by the said legislation.
Determination:
The Tribunal having heard the submission of the representatives and evidence from the claimant determines that the claim under the Unfair Dismissals Acts, 1977 To 2007, succeeds. The Tribunal having heard the claimant’s efforts to mitigate his loss awards him the sum of €10,984.55, this being seventeen week’s gross pay, as is just and equitable having regard to all the circumstances.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)