UD1237/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                       CASE NO.

                                                                                                            UD1237/2012

EMPLOYEE   -claimant                                        

against

EMPLOYER -respondent

EMPLOYER  -respondent

EMPLOYER -respondent

EMPLOYER  -respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Mr. G. Hanlon

Members:        Ms J. Winters

                        Ms M. Maher

heard this claim at Dublin on 18th December 2013

Representation:

Claimant: Mr. Mark Stafford, Stafford & Co. Solicitors

     2 New Street, Rathangan, Co Kildare

Respondent: Kelly Noone & Co. Solicitors, Taney Hall,

         Eglinton Terrace, Dundrum, Dublin 14 (No attendance/ conveyed apologies)

Background:

There was no appearance by the respondents. The Tribunal is satisfied that proper notification was sent to the respondents.

The Tribunal heard the uncontested evidence of the claimant. He was employed in the respondent restaurants as head chef. He worked in two different restaurants.

The claimant heard that his father was ill in Pakistan and asked the owner of the respondent if he could travel to be with his father. The owner agreed and even asked if he had enough money to travel.   The claimant travelled and unfortunately his father passed away.   The period of mourning was, according to the claimant 40 days. He sought permission from the owner to remain in Pakistan and the owner agreed. The owner told him that he could take as much time off as he needed. He kept in contact with the owner by telephone and the owner reassured him.

The claimant returned to Ireland and phoned the owner. The owner told him that his job was gone and not to call to the restaurant or there would be trouble. The claimant collected some post that had accumulated and in it was a letter from the owner by which he was dismissed from his employment.

Determination:

The Tribunal having heard the uncontested evidence of the claimant determines that the dismissal was unfair. The Tribunal found the claimant to be a very credible witness. The claimant produced the letter of dismissal that the respondent had sent to him.

The Tribunal determines compensation to be the most appropriate remedy and awards the claimant the sum of €62,778.56, under the Unfair Dismissals Acts, 1977 To 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)