EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
UD1706/2012
Employee - claimant MN961/2012
against
Employer - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Revington SC
Members: Mr. J. Horan
Mr. D. Thomas
heard this claim at Dublin on 28 January 2014
Representation:
Claimant(s) : Sherwin O’Riordan Solicitors, 74, Pembroke Road, Ballsbridge, Dublin 4
Respondent(s) : Not Present or Represented
The determination of the Tribunal was as follows:-
Background:
The Tribunal are satisfied the respondent and their representatives were properly notified of time, date and location of the hearing.
A liquidator was appointed to the respondent company by the High Court on the 17th July 2013 and they were duly notified by the secretariat of the Employment Appeals Tribunal of the time, date and location of the hearing.
The liquidator notified the secretariat of the Employment Appeals Tribunal by email on the 27th January 2014 that as they could not obtain any instructions from the Directors of the respondent company in connection with these claims, which occurred before their appointment, they would not be attending the hearing.
Determination:
The Tribunal heard the uncontested evidence of the claimant in this matter. The claimant told the Tribunal of his dismissal due to the alleged theft of a sum of money, of which, he thoroughly denied.
The Tribunal accepts the claimant’s denial of the alleged theft and finds the claimant was unfairly dismissed.
Accordingly, the Tribunal awards the sum of € 38,400.00 under the Unfair Dismissals Acts, 1977 to 2007.
Loss having been established the Tribunal awards the sum of € 1,600.00, this being four weeks gross wages, under the Minimum Notice and Terms of Employment Act, 1975 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)