EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Izabela Bastek UD317/2013
against the recommendation of the Rights Commissioner in the case of:
Angela O'Brien T/A El Vino
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. P. Casey
Ms. H. Kelleher
heard this appeal in Cork on 6 October 2014
Representation:
_______________
Appellant(s):
Mr Noel Murphy, Independent Workers Union,
55 North Main Street, Cork
Respondent(s):
No legal representation
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal under the Unfair Dismissals Acts, 1977 to 2007, against the decision of the Rights Commissioner set out in Recommendation r-124504-ud-12/JOC wherein the appellant was awarded the sum of €1,500.00 having been found to have been unfairly dismissed by the respondent.
The appellant in the case (who was the employee) was dissatisfied with the amount of compensation paid. The respondent’s case as stated to the Tribunal by LB was that the respondent should not be held accountable for any losses subsequent to the appellant obtaining new employment. The respondent accepted the findings of the Rights Commissioner in that there had been an unfair dismissal and with the amount of compensation awarded.
The appellant gave evidence to the Tribunal that she had found new employment about a month after her employment with the Respondent had been terminated. Her initial losses were modest, however she told the Tribunal that she had been subsequently dismissed from this new job and that later a further employment that she had obtained had ended because the business closed. She ultimately obtained a job in human resources where she is presently employed. It was contended by the appellant that the Rights Commissioner should have continued to calculate her losses after her dismissal from the job that she obtained subsequent to her dismissal.
Determination:
With the consent of the parties the Tribunal did not delve into the issue of whether or not the Claimant was in fact unfairly dismissed. Indeed, the respondent conceded this aspect of the case. The issue related entirely to the level of compensation awarded and whether further compensation should have been considered for the period after the appellant’s dismissal from her next job. Having carefully considered the circumstances of the case the Tribunal unanimously is of the view that the Rights Commissioner’s decision in the award of compensation of €1500.00 was proper in the circumstances and that the period after her subsequent dismissal should not be taken into account in the present case. Consequently, the Tribunal upholds the said recommendation. An issue also arose as to whether or not the appeal was in fact in time. The Tribunal were satisfied that notification was given to the Tribunal within the appropriate time limits by respondent’s representatives.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)