EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Employee - claimant UD974/2012
against
Employer - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr D. Hayes
Members: Mr T. O'Grady
Mr S. Mackell
heard this claim at Dublin on 16th January 2014
Representation:
____________
Claimant(s):
Mr Chris Horrigan, Blake Horrigan, Solicitors, McKeever
House, 4/5 Ushers Court, Ushers Quay, Dublin 8
Respondent(s)
No attendance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Determination
There was no appearance by or on behalf of the respondent. The Tribunal was satisfied that he had been properly put on notice of the hearing date and note that he had also failed to appear on a previous date.
The initial claim form had miss-stated the name of the respondent. The claimant had previously made an application to the Tribunal pursuant to Section 39 of the Organisation of Working Time Act, 1997 to amend the name, which application was acceded to.
The uncontroverted evidence of the claimant was that her employment had commenced in early June 2009. She was employed as a ladies hairstylist. Her employment proceeded in an uneventful fashion from a disciplinary point of view other than a complaint in January 2012 about client retention.
She received a text message on the 5th June 2013 from the respondent stating that the respondent had ”come to the conclusion that (the claimant’s) conduct, competence and ability to work for (the respondent) is no longer required” and that she would no longer be required.
No evidence was adduced to discharge the respondent’s onus to show that the dismissal was fair. Further, the Tribunal is satisfied that there was no evidence of any default in conduct or competence on the part of the claimant
Some two months later the claimant started her own salon and after a short initial period is doing well.
The Tribunal is satisfied that the claimant sustained a loss and that compensation is the appropriate remedy. The Tribunal awards the to the claimant compensation in the amount of €3,500.00 in respect of her claim pursuant to the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)