UD1357/2012

EMPLOYMENT APPEALS TRIBUNAL

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr M. Gilvarry

Members:     Mr D. Morrison

                     Ms R. Kerrigan

heard this claim at Letterkenny on 6 March 2014

Representation:

Claimant:

                    In person

Respondent:

         No appearance by or representation on behalf of the first named respondent.

         Mr Sean Miniter, Director of the second named respondent and Mr Geoff Kinsella

         on behalf of the receiver of the second named respondent

The determination of the Tribunal was as follows:

Determination:

At the outset an issue arose as to the correct identity of the claimant’s employer. After hearing evidence from the claimant and submissions from the representatives of the second named respondent the Tribunal was satisfied that the claimant was employed by the first named respondent.

In circumstances where the first named respondent was not in a position to give evidence the claim under theUnfair Dismissals Acts must succeed as the onus of proof rests on the respondent to satisfy the Tribunal that the dismissal was not unfair.

The claimant was dismissed without notice on 27 February 2012 having been employed since August 2008. Having heard evidence of loss and noting that the claimant earned slightly in excess of €15,000-00 during two short-term contracts since his dismissal the Tribunal awards €80,000-00 under theUnfair Dismissals Acts, 1977 to 2007 against the first named respondent.

As the claimant was paid at the rate of €1,096-00 per week it should be noted that payments from the social insurance fund are limited to a maximum of €600-00 per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)