EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Ger Cronin
- claimant
UD1318/2013
against
Muskerry Satellite Systems Ltd
- respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr D. Hegarty
Ms H. Kelleher
heard this claim at Cork on 16th January 2015
Representation:
_______________
Claimant(s) : Mr David Gaffney, Sweeney, Solicitors, Marlboro House,
Marlboro Street, Cork
Respondent(s) : No appearance by or on behalf of respondent
Determination
The Tribunal is satisfied that both parties were duly notified of the hearing. Based on the uncontested evidence of the claimant the Tribunal is satisfied that he was an employee of the respondent company. The Tribunal is further satisfied that he was called to a meeting on 26 August 2013 and summarily dismissed from his employment.
As the respondent failed to appear and discharge the onus of proof that rests on the employer under s.6 (6) of the Unfair Dismissal Acts the Tribunal, in applying s.6 (1) of the Acts, deems the dismissal to be unfair. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds. The Tribunal determined that compensation is the appropriate remedy. The claimant’s evidence was that he received his notice entitlement and then suffered full weekly loss from 27 September 2013 until 1 December 2014 (61 weeks) and then found work earning €300.00 per week, resulting in a weekly financial loss of €276.92. Thus, the Tribunal awards the claimant compensation in the sum of €44,330.48, comprising61 weeks at€576.92 and 33 weeks (including estimated prospective loss under section 7 (3) of the Acts) at €276.92.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)