UD675/2012, MN581/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                              CASE NO.

Stephen Cowman                                                        -claimant                    UD675/2012

                                                                                                                        MN581/2012

against

Echo Security Limited                                               -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:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                   Mr F. Dorgan

heard this claim at Waterford on 29th July 2014

Representation:

Claimant:        Ms. Helen Whately B.L. instructed by Mr Sean Ormonde of

Sean Ormonde & Co.,            Employment Matters/Solicitors, Suite 9,

The Atrium, Canada Street, Waterford

Respondent:    No appearance or representation on behalf of the company.

Background:

The Tribunal heard evidence from the claimant that he was dismissed without notice from his employment.

The claimant commenced his employment with the respondent company in July 2010. The employment appears to have been uneventful until 22^nd March 2012. When the claimant reported for work on that day the director of the company asked the claimant to carry out cabling work on a client’s site in Dublin. The claimant was unaccustomed with the site and queried the work he was to carry out. The director told the claimant that he had been asked to perform this work two days ago. The claimant refuted this and told the director he had not asked him to carry out the work prior to 22^nd March. The director became angry, raised his voice and told the claimant to go. The claimant asked if he was being dismissed and it was confirmed to him that he was.

The claimant gave evidence of financial loss.

Determination:

The Tribunal is satisfied that the respondent was notified of the hearing by registered post to the registered office of the company. Furthermore, the solicitor for the claimant had spoken to the respondent’s listed representative who was aware of the hearing. Neither the respondent company nor its representative attended the hearing despite filing a T2 form stating that it was disputing the claims.

Based on the claimant’s uncontested evidence the Tribunal finds that the claim under the Unfair Dismissals Acts, 1977 to 2007, succeeds. The Tribunal finds the appropriate sum of compensation to be €7,500.

In addition the Tribunal finds that the claimant is entitled to the sum of €400 (being the equivalent of one week’s gross pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)