EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Employee UD1615/2011
against
Employer
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Ryan
Members: Mr D. Moore
Ms M. Mulcahy
heard this claim at Dublin on 4th December 2013
Representation:
_______________
Claimant: John C Kieran & Son, Solicitors, Castle Street, Ardee, Co Louth
Respondent: No appearance by or on behalf of respondent
Background:
The Tribunal is satisfied that both parties were properly on notice of the hearing. The appellant worked for the respondent company as a lorry driver until 26 October 2010 when he was dismissed from his employment. The Tribunal heard the appellant’s uncontested evidence that the company had provided him with no contract or terms of employment. He was advised by his employer that part of a delivery was missing and was suspended pending an investigation. He was called to a meeting on the morning of 26th October, advised of a complaint made against him, requested the return of all company property and dismissed with immediate effect. He was not allowed give his side of the story. He told the Tribunal that a list of equipment had been checked off on both sides of the delivery and nothing was brought to his attention on the day. He was not allowed representation or given leave to appeal.
Determination:
Based on the uncontested evidence of the appellant, the Tribunal find that he was unfairly dismissed from his employment within the meaning of the Unfair Dismissals Acts. The Tribunal heard further evidence in relation to the appellant’s efforts to mitigate his loss and secure alternative employment since the termination of his employment with the respondent company.
Taking all the circumstances into consideration the Tribunal, awards the appellant the sum of €63,500 under the Unfair Dismissals Acts 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)