EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
RP587/12
EMPLOYEE - claimant MN522/12
UD745/12
Against
EMPLOYER - respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr. J. O'Neill
Ms. N. Greene
heard this claim at Dublin on 16th December 2013.
Representation:
Claimant: In person
Respondent: No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Claimant’s Case:
The claimant commenced employment on 9th January 2009 and was employed as a commis chef. He worked in restaurant F owned by the respondent. He reported to FS.
In around 22nd December 2011 he returned home to Poland for his Christmas holidays. While he was there he became unwell. He was due back at work on 27th December 2011 and texted FS informing her that he was unable to return to work due to his illness.
When he returned to work with a medical certificate in the Polish language FS would not accept it and he had to have it translated. He contacted the respondent on 3rd January 2012 but she was unable to meet with him until 7th January 2012.
On 7th January 2012 the claimant met FS and gave him his medical certificate. FS told him she could not give him any more hours but that she could not fire him as it was illegal. The claimant was asked to leave the office. He wanted to engage with the respondent that day but this was denied and he was just told to leave.
The claimant secured alternative employment towards the end of April 2012 and has worked for several companies since the termination of his employment.
He did not receive a P45 from the respondent. The claimant contended that he had a good working relationship with his fellow colleagues during his tenure.
The claimant’s position was advertised in a local newspaper on 11 February 2012.
Respondent’s Case:
No evidence adduced as there was no appearance by the respondent.
Determination:
The Tribunal finds having considered the uncontested evidence of the claimant that he was unfairly dismissed. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the Tribunal awards the claimant an amount of €11,000.00. The Tribunal also awards the claimant €538.00 being the equivalent of two weeks pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
As remedies under the Unfair Dismissals Acts, 1977 to 2007 and the Redundancy Payments Acts, 1967 to 2007 are mutually exclusive the claim under the Redundancy Payments Acts, 1967 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)