EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Andrey Lisovtsov – claimant UD1641/2013
Against
Midland Web Printing Limited – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr F. Moloney
Mr A. Butler
heard this claim at Dublin on 20th January 2015
Representation:
_______________
Claimant(s) : In person
Respondent(s): Company Director
The determination of the Tribunal was as follows:-
Summary of Evidence:
The MD of the respondent company gave evidence. The claimant’s employment with the respondent company commenced on 16th April 2012. His hours varied. In early 2013 the printing company lost several contracts which he believed the claimant would have been aware of. The claimant is a Russian speaker and the MD asked a colleague to explain things. The claimant’s role should have been made redundant in January 2013 but due to an oversight he continued working until July 2013. He informed the claimant by phone that he was being let go. Others were let go at the same time. He could not find a letter on file but produced a general letter sent to staff which the claimant should have received.
There was no sick certificate on file for that time. The claimant later said he had an accident at work but nothing had been reported at the time and so the company could not make any claim for it. He later sought to have social welfare forms filled in. There was a system in place for reporting accidents.
The claimant gave evidence. During his shift on 21st June 2013 he felt a click in his back. He thought nothing of it and finished his shift without reporting it. The following day he woke with severe pain in his back. He was not due in work for another 3-4 days and thought resting would fix things. The day before his next shift he phoned a Russian speaking colleague to inform him of his back trouble and that he would not be presenting for work the following day. He went to a doctor who told him that his injury was worse than the claimant had believed and he was certified ill for one month. He sent his sick certificates to his employer until an office employee told him to stop as he had been dismissed. He received a letter from his employer dated 2nd July 2013 stating that the company no longer had work to suit his requirements but hopefully this would only be temporary. The claimant was not aware that the company had lost contracts. The claimant has been claiming disability benefit since his dismissal.
Determination:
The Tribunal has carefully considered the evidence adduced. The claimant went out unexpectedly on sick leave arising out of an injury to his back which he says occurred in the workplace. Whilst out on sick leave the claimant was advised that his employment was terminated. There is a conflict of evidence as to whether or not the employee knew or ought to have known that the respondent company had lost a number of big contracts which had forced it to streamline its workforce accordingly.
The employer was not in a position to demonstrate it had followed any procedures for effecting a lawful redundancy. The only letter which was presented to the Tribunal by way of corroborative evidence appeared to be a letter of temporary lay-off and not redundancy.
In these circumstances the Tribunal finds that the claimant was unfairly dismissed in and around the beginning of July 2013.
The Tribunal must however in assessing compensation have regard to the fact that the claimant has not been available for work since the time of his dismissal by reason of an ongoing disability.
In the circumstances the Tribunal awards the claimant four weeks loss of remuneration at a rate of €241.00 per week totalling €964.00 (nine hundred and sixty-four euro) under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)