UD910/2013, MN448/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

Artur Palonek                                                                                                UD910/2013

                                                                                                                        MN448/2013

against

Greyhound Recycling and Recovery

(1^st named respondent)

Noel Recruitment (Ireland) Limited

(2^nd named respondent) and

Industrial Temps (Ireland) Limited

(3^rd named 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. D. Mac Carthy S.C.

Members:     Mr J. Horan

Mr. S. O'Donnell

heard this claim at Dublin on 18th September 2014

Representation:

_______________

Claimant:             O'Hanrahan & Co., Solicitors, Lexington House, 71

                           Ballybough Road, Fairview, Dublin 3

Respondents:         Ms Mary Seery B.L. for 1^st named respondent

Background:

The case against the 2^nd named respondent was withdrawn at the outset.

An email dated the 12th April 2013 was submitted by the third named respondent in this case to state the company was “forced to close” their Dublin/ROI operations as of the 8th March 2013 and they “ will not be in attendance or represented at hearing(s) as this company has now been dissolved”.

Claimant’s case:

The claimant told the Tribunal that he began work with the 3rd named respondent (an employment agency) and worked from July 2011. He was working for up to 46 hours per week with the 1^st named respondent (the dominant employer ) for a period of time but his hours of work stopped abruptly in January 2013. He telephoned the 3^rd named respondent on numerous occasions but was told that there was no more work for him. He called his supervisor at the 1^st named respondent at a later date but they were unable to provide him with any direct employment. No evidence of one year’s continuous employment with the third named respondent was available or produced.

A representative for the first named respondent told the Tribunal that her client had never dismissed the claimant and that no action of theirs brought the employment to an end.

The Tribunal dismisses the appeal under the Unfair Dismissals Acts, 1977 to 2007 against the respondents named herein.

The claim under the Minimum Notice Act 1973-2005 succeeds, as no notice was given to the claimant and the Tribunal awards the claimant the sum of €402.23 (being the equivalent of one weeks’ gross pay), payable by the 3^rd named respondent.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)