1002/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                          CASE NO.      UD1002/2013

Albano Di Vetta

-        Claimant

Against

Luigi Di Vetta

Gino Take Away

-        Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Ms O. Madden B.L.

Members:       Mr T. O'Grady

                        Mr T. Brady

heard this claim at Dublin on 24th June 2014

Representation:

Claimant:       In Person

Respondent:    No appearance

The determination of the Tribunal was as follows:-

There was no appearance by or on behalf of the respondent at the hearing on 24^th June 2014. The Tribunal, being satisfied that the respondent was properly notified of the hearing date and time, proceeded to hear the claimant’s uncontested evidence.

The claimant told the Tribunal that he worked for his brother, the respondent, from February 2009 until his dismissal on 25^th May 2013. The relationship began to break down in May 2013 due to an alleged downturn in business.

The claimant told the Tribunal that he worked 51 hours per week. His payslips showed his hours of work as 39 hours per week. The claimant requested that his hours of work be correctly displayed on his payslips. In response to this the respondent issued the claimant with a letter which stated that his hours of work were being reduced to 21 hours per week.

The respondent wanted to reduce the claimant’s working hours dramatically without any consultation and would not talk to the claimant about the reduction.

The claimant reluctantly worked these hours for approximately 2-3 weeks. After 3 weeks the claimant asked the respondent if he could leave the workplace early because his wife had become ill. There was a disagreement between the claimant and the respondent and on the same day the respondent told the claimant that he was fired.

Determination

Based on the claimant’s uncontested evidence the Tribunal are satisfied that he was unfairly dismissed within the terms of the Unfair Dismissals Acts 1977 to 2007 and awards the claimant €13,455.00 compensation.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)