UD1533/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                            CASE NO.

Robert Gomulka                                                                                             UD1533/2012                                                            - Appellant                                       

against the recommendation of the Rights Commissioner in the case of:

Kavanagh Cleaning

                                                            - Respondent

John Kavanagh, Kavanagh Cleaning

                                                            - Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. D. Donovan B L

Members:     Mr J. Browne

                     Mr N. Dowling

heard this claim at Wexford on 24^th June 2014

Representation:

Appellant(s) :             In Person

Respondent(s) :          Not Present or Represented

This case came before the Tribunal by way of an appeal by an employee (appellant) appealing against the recommendation of the Rights Commissioner reference number: r-122589-ud-12JOC.

The decision of the Tribunal was as follows:-

Background:

The Tribunal is satisfied that the respondent was properly notified of the date, time and location of the appeal hearing. Neither he nor a representative attended. However, the representative listed on record had previously notified the sitting Tribunal that his client had instructed him he would not be attending the hearing.

The appellant was employed as a car valet for the respondent on an hourly rate of €8.65 from the 14^th April 2008. At first he was working a 40 to 50 hour week but near the end of his employment he was working 18 hours per week. The last day he worked for the respondent was the 10^th November 2011. The respondent contacted the appellant’s spouse. She and the appellant attended a meeting. (It must be noted the appellant’s understanding of the English language is poor). The appellant’s was informed that he was fired as he had no English, could not drive and “was no good” to him.

Determination:

The Tribunal has considered the uncontested evidence of the appellant in this matter and upsets the Rights Commissioners Recommendation and awards the sum of €3,000.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)