UD1101/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

Nicola Culhane                                                                                               UD1101/2013

-Claimant                            

against

Neville McGann/Platform 5 T/A Platform 5

-Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms P.  Clancy

Members:       Mr. T.  Gill

Ms S.  Kelly

heard this claim at Limerick on 4th February 2015

Representation:

Claimant:        Mr. Fergus Murrihy, Redundant Workers Centre, St Mary's

             Adult Education Centre, Island Road, Kings Island, Limerick

Respondent:    No representation listed

Background:

There was no appearance for or on behalf of the Respondent.

The Claimant worked in the Respondent as a delicatessen counter assistant.  She commenced in August 2009 and ended in July 2013.  The Claimant explained that the manageress gave her a letter of notice on 24^th June 2013.  The reason being that the landlord was going to evict the Respondent from the premises.  At some point in time she left the premises and returned.  She met the owner and there were two other people with him.  He handed her, her p45 and rp50 redundancy form.  She signed the rp50.  He told her that he was unable to pay her, her redundancy.  At some later time he met with her and the staff and he told them that new management had taken over the premises and that they could apply to the new management for a job.

At a later time she was informed that the restaurant had re-opened.  So she called to the restaurant and saw that new staff were working there.  

The Claimant gave evidence as to her loss.

Determination:

There was no appearance for or on behalf of the Respondent.  The Tribunal is satisfied that proper notification was sent to the Respondent.   Based on the uncontested evidence of the Claimant the Tribunal determines that the claim under the Unfair Dismissals Acts, 1977 to 2007, succeeds.   The Tribunal determines compensation to be the most appropriate remedy and awards the Claimant the sum of €9,500.00.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)