UD57/2013, RP44/2013, MN770/2014, WT11/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                 CASE NO.

Vincent McDonnell                                                                                        UD57/2013

-claimant                                                                                                       RP44/2013

                                                                                                                       MN770/2014

                                                                                                                       WT11/2013

Against

A.E.D. Limited

-respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Mr. T. Ryan

Members:       Mr M. Carr

                        Mr J. Flannery

heard this claim at Trim on 28th October 2014

Representation:

_______________

Claimant:        Mr. Kevin Bell B.L. instructed by,

Desmond P. Flynn & Company, Solicitors, 111 Tritonville Road, Sandymount, Dublin 4

Respondent:    No appearance or representation on behalf of the respondent

The claim under the Redundancy Payments Acts, 1967 to 2007 was withdrawn at the outset.

Claimant’s Case

The claimant commenced employment in October 2001 as an autocad technician. The claimant resigned in 2005 due to the manner in which he was treated by the respondent but re-commenced employment shortly afterwards. The claimant again left his employment briefly in 2010 and returned as a sales estimator. In June 2012 the claimant provided an estimate for a job the respondent was hoping to secure. Further information was required which the respondent owner failed to provide to the potential client resulting in the respondent’s failure to secure the contract. The respondent blamed the claimant for this. The respondent failed to give the claimant any hours of work from the 26^th of June 2012 onwards.

Determination

The Tribunal is satisfied that the respondent was properly put on notice of this hearing. Neither he nor a representative on his behalf attended the hearing of this case.

Based on the uncontested evidence of the claimant the Tribunal find that the claim under the

Unfair Dismissals Acts, 1977 to 2007 succeeds and awards the appellant €35,000 in compensation.

The claimant is awarded €726.26 being the equivalent to one weeks’ notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

The claimant is awarded €2,509.03 for outstanding holiday entitlements under the Organisation of Working Time Act, 1997.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)