EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Sabina Lubecka, - claimant
UD1614/2012
against
Halycon Contract Cleaners Ltd (In Liquidation) – respondent
Halcyon Contract Cleaners Limited (In Liquidation) - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. D. Morrison
Mr T. Gill
heard this claim at Castlebar on 13th May 2014
Representation:
_______________
Claimant(s) : In Person
Respondent(s) : No appearance by or on behalf of respondent
Summary of Case
The Tribunal heard the claimant’s uncontested evidence that she was employed as a cleaner by the respondent company from 28 August 2010. She worked on a part-time basis (6 hours per week) earning €57 per week. She told the Tribunal that she was falsely accused of theft. She denied the allegation but was suspended from her employment and her position was advertised two days after suspension. She stated that the investigation into the allegation was unfair and she was given no opportunity to question the person who made the allegation.
She was subsequently offered work at a different location but the terms of this proposed employment were fundamentally different to her previous work. She did not accept this offer and her employment with the respondent company terminated on 30 April 2012. She gave evidence that she secured alternative employment on 1 July 2012.
Determination
The Tribunal is satisfied that both parties were properly on notice of the hearing. Based on the uncontested evidence of the claimant the Tribunal is satisfied that she was unfairly dismissed from her employment. In particular the Tribunal notes that the claimant’s position was advertised two days after her suspension while an investigation was ongoing.
In those circumstances the Tribunal finds that the claim under the Unfair Dismissals Acts 1977 to 2007 succeeds and awards compensation in the sum of €456.00
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)