EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Maurice Walsh UD97/2013
against
Lee Cabs Limited
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr E. Murray
Members: Mr D. Hegarty
Ms. P. Doyle
heard this claim in Cork on 24 October 2014
Representation:
_______________
Claimant(s):
Ms. Emer O'Callaghan, Barry M O'Meara & Son, Solicitors,
18 South Mall, Cork
Respondent(s):
The hearing was not attended by
Mr. Frank Hannon, Hannon, Solicitors,
70 Shandon Street, North Gate Bridge, Cork
The determination of the Tribunal was as follows:-
The claimant worked as a base operator for the respondent who are a taxi company and alleged constructive dismissal when he was not given work on his return from illness, and subsequent to being awarded the sum of two thousand euro, by the Rights Commissioner in a dispute unrelated to his dismissal.
At the hearing of the Tribunal the respondent was represented by one of its directors who indicated that he did not intend to call any evidence or to cross-examine the claimant. This
matter came before the Tribunal by way of a re-entry of a case which was struck out with liberty to re-enter on previous occasions.
Evidence was adduced from the claimant that a dispute had occurred in relation to the distribution of work by the base operators and an investigation implicated him as a person responsible for this conduct. He was very emotionally disturbed by this having regard to the fact that he had long employment with the respondent and he went out sick with work related stress for a period of time. When the Rights Commissioner vindicated his position with regard to the manner in which the respondent investigated the case the claimant indicated through his Solicitors his ability and willingness to return to work. He was however never re-rostered.
No evidence was tendered on behalf of the respondent company and no denial of the facts outlined were made. The claimant adduced evidence that his losses to date amounted to €12,607.40.
Determination:
Having regard to the evidence given by the claimant the Tribunal are satisfied that a dismissal has occurred in this case and upholds the claimant’s application under the Unfair Dismissal Acts. The Tribunal finds that the appropriate remedy in this case is reinstatement of the claimant together with the payment of €12,607.40 being the interim losses suffered by the claimant while out of work.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)