EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Aron Toth UD1227/2012
MN747/2012
against
Crowley Catering Limited
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.T. O'Mahony B.L.
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this claim at Cork on 7th January 2014
Representation:
Claimant: In person
Respondent: No appearance by or on behalf of the respondent.
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.
Claimant’s case:
The claimant commenced employment with the respondent on 1st April 2008 and worked 30 hours per week at a rate of €8.65 per hour. The respondent is a fast food outlet.
On 2nd May 2012 the claimant was working until 9pm and for the last 3 hours of his shift he was left with just one other staff member. The manager had left work at 6pm. As it was extremely busy and the claimant was finding it difficult to cope he rang the owner to request help. The owner did not send anyone to assist.
At closing time the owner called into the shop and asked the claimant to come into the office. On entering the office the owner grabbed the claimant and pinned him against the door. The owner accused the claimant of threatening the owner’s livelihood and told him to get out. The claimant was shocked at this and took it that he was dismissed.
The following day the claimant phoned the manager who informed that the owner had told him that he (the claimant) had resigned and that his position was already filled. The claimant did not receive any payment in lieu of notice.
Determination:
Based on the uncontroverted evidence of the claimant, the Tribunal finds that he was dismissed. 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 unfair. Accordingly, the claim under the Acts succeeds. Having heard evidence of loss the Tribunal awards the claimant the sum of €15,051.00 as compensation under the Unfair Dismissals Acts, 1977 to 2007.
Having considered the uncontested evidence of the claimant the Tribunal is satisfied that he was unfairly dismissed without notice on 2nd May 2012.
The Tribunal awards the claimant the sum of €519.00 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)