EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
David Wynne UD218/2013
- Claimant
against
JH Industrial Cleaning Limited
- First Named Respondent
Direct Cleaning Services
- Second Named Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Hurley
Members: Mr. J. Horan
Ms. S. Kelly
heard this appeal at Clonmel on 16th October 2014
Representation:
Claimant: Tim Breen, Michael J. Breen & Co., Solicitors, Main Street, Roscrea,
Co. Tipperary
Respondent: Not Present or Represented
The determination of the Tribunal was as follows:
Background:
The claimant was originally employed by the first named respondent from the 24th September 2010. He was not given a contract of employment. An incident took place and the claimant was dismissed. Having appealed the decision he was re-instated and in its stead was issued a final written warning on the 14th August 2012.
He resumed employment and worked on the 10th, 11th and 12th September 2012. On the 13th September 2012 the second named respondent contacted him to advise him that there was no work for him and he was not to attend work. The first named respondent had lost the cleaning contract in the premises he worked and the second named respondent had taken over the contract and the staff. All the other staff originally employed by the first named respondent was transferred to the second named respondent except him.
Claimant’s Case:
The claimant in uncontested evidence confirmed his employment history and gave evidence of loss.
Determination:
The Tribunal finds that on the uncontested evidence adduced the claimant was unfairly dismissed. Accordingly the Tribunal awards the sum of €9,500.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)