EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Muhammad Sadiq, UD1356/2012
MN794/2012
against
Sabir Mehmood Hussain T\A Tasty Kebabs
and
Hania Limited T/A Tasty Kebabs,
and
B&K Drinks Limited T\A Tasty Kebabs,
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr E. Murray
Members: Ms M. Sweeney
Ms H. Kelleher
heard this case in Cork on 10 June 2014
Representation:
_______________
Claimant(s):
Mr. Roger Pope BL instructed by Mr. Pádraig Sheehan for
Ms Elaine O'Sullivan, O'Sullivan Whelan, Solicitors, Sullivan's Quay, Cork
Respondent(s):
Mr. Peter Quigley, Peter Quigley & Company, Solicitors, 8 South Mall, Cork
The determination of the Tribunal was as follows:-
Claims under unfair dismissal and minimum notice legislation were brought on behalf of a man alleged to have worked as a manager for one or more of three respondents for little over three hundred euro per week despite having worked some sixty to seventy hours per week in the Eastern restaurant sector between November 2010 and March 2012 when his employment allegedly ended after he endeavoured to have his employment fully and formally documented.
SMH came to the Tribunal hearing with PQ and another man who left the hearing due to work commitments.
The claimant told the Tribunal of his financial dealings with SMH but SMH did not corroborate the claimant’s testimony.
Determination:
It was not established to the satisfaction of the Tribunal that the claimant had been employed by or dismissed by any of the three possible respondents against whom the claims were brought. The claims under the Unfair Dismissals Acts, 1977 to 2007, and under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)