UD1216/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

Nan Zhang,     -           claimant                                                                      UD1216/2013

Against

Zalax Limited            -           respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms P. McGrath B.L.

Members:     Mr M. Noone

Mr. S. O'Donnell

heard this claim at Dublin on 13th June 2014

Representation:

_______________

Claimant:           Mr. Ciaran O'Mara, O'Mara Geraghty McCourt, Solicitors, 51

                            Northumberland Road, Dublin 4

Respondent:       MF Newman, Solicitors, 8 South Great George's Street,

                           Dublin 2

Determination:

The Tribunal has carefully considered the evidence adduced. Only two witnesses gave evidence and each of the parties evidence contradicted each other.

On balance the Tribunal finds that the employer phoned the employee on the morning of the 5^th May 2013 and dismissed him, as he believed the employee had failed to lodge money into the premises safe, as per the workplace practice. The employer formed the view that the safe takings were short and formed the view that the employee was responsible.

The employer confirmed in evidence that he made the accusation and whilst he may not have used the words “you are dismissed” or “you are fired”, he did send the police around to the employee’s place of residence. It was therefore not unreasonable for the employee to believe that he had been dismissed and was not welcome back in the workplace.

The Tribunal notes that there was no satisfactory paper trail or other supporting evidence adduced by either side supporting the facts surrounding the dismissal, the history of the employment or the employee’s current status. The Tribunal finds this situation to be incongruous and somewhat dubious.

In concluding, the Tribunal accepts that the employee was unfairly dismissed but there was no evidence to show any attempt had been made to find employment. The Tribunal finds that the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and awards the claimant €4,660.00 in compensation.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)