EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
UD1710/2012
Parmesh Coolen - appellant PW768/2012
TE285/2012
against the recommendation of the Rights Commissioner in the case of:
Parmesh Coole - appellant
and
Alert One Security Limited - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
PAYMENT OF WAGES ACT, 1991
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr R. Murphy
Mr A. Butler
heard this appeal at Dublin on 11th February 2014
Representation:
____________
Appellant(s):
Mr. Stephen McCullough BL instructed by Mr. Brendan McArdle, McArdle & Co, Solicitors, 1 Belmont Avenue, Donnybrook, Dublin 4
Respondent(s):
No representation or attendance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
This case came before the Tribunal way of an employee appealing against the decision of the Rights Commissioners reference numbers r-123006-ud-11/JT, r-12312-te-12/JT and r-123014-pw 12/JT r-123016-pw-12 dated 25 October 2012.
Appellant’s Case
The appellant told the Tribunal that he commenced employment with the respondent in 2008. He was dismissed the week ending 31 December 2011. He signed contracts of employment in 2008, 2009, 2010 and he signed two contracts in 2011. He was never given a copy of a contract.
Two weeks prior to New Year’s Eve in 2011 he told his employer that he was not able to work New Year’s Eve due to a family matter. He was rostered to work for New Year’s Eve. He called the respondent again but he was never rostered after that. He never saw copies of verbal/written warnings from the respondent.
After his dismissal he worked in a number of different restaurants.
He was never told that his employment was at risk unless he improved. His employer told him when he could not work on New Year’s Eve that he would have to look for someone else. He received his P45 in July 2012.
The appellant made a complaint in relation to a deduction in his wages in or around 2011 but he lodged his complaint in May 2012. His hourly rate of pay when he was dismissed was €8.65.
Determination
On the uncontroverted evidence adduced at the hearing the Tribunal finds that the appellant was unfairly dismissed and in the circumstances the Tribunal awards the appellant compensation of €10,000.00 under the Unfair Dismissals Acts, 1977 to 2007. The Tribunal upsets the decision of the Rights Commissioner and the appeal succeeds.
The Tribunal is satisfied that the appellant received a contract of employment. The appeal under the Terms of Employment and (Information) Act. 1994 and 2001 fails and the Tribunal affirm the decision of the Rights Commissioner.
The appeal under the Payment of Wages Act, 1991 was lodged outside the requisite time limits as prescribed under Section 6 (4) and the Tribunal does not have jurisdiction to hear the appeal. The appeal fails and the Tribunal affirms the decision of the Rights Commissioner.
Seal with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)