EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
UD1451/2012
EMPLOYEE - claimant MN827/2012
WT353/2012
Against
EMPLOYER - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr G. Hanlon
Members: Mr C. Lucey
Ms. P. Ni Sheaghdha
heard this claim at Dublin on 31st January 2014
Representation:
Claimant(s) : Enda P. Moran, Solicitor, Main Street, Celbridge, Co Kildare
Respondent(s) : no appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that the respondent was on notice of the hearing. As there was no appearance by or on behalf of the respondent the Tribunal heard the uncontested evidence of the claimant.
The claimant commenced employment in January 2011 as bar manager. Following a number of incidents including an incident which occurred at the premises where the claimant worked the claimant indicated by text message that he was taking some time off. He never resigned his position and was dismissed in June 2012.
Based on the uncontested evidence the Tribunal find that the claimant was unfairly dismissed from his employment and award him the sum of €26,703.00 under the Unfair Dismissals Acts, 1977 to 2007.
The Tribunal further awards the claimant €673.08 the equivalent to one week’s gross pay in lieu of minimum notice under the Minimum Notice and Terms of Employment Acts 1973 to 2005.
The Tribunal make no award under the Organisation of Working Time Act, 1997 as no evidence was adduced by the claimant.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)