EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD650/2014
CLAIM OF:
Shaun Kerins
against
John Kerins
t/a Fastway Couriers
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
Mr J. Flavin
heard this claim at Killarney on 18th May 2015
Representation:
Claimant : Ms Aisling O'Sullivan, Philip O'Sullivan & Co,
14 Denny Street, Tralee, Co Kerry
Respondent : No representation listed
The determination of the Tribunal was as follows:
Summary of Evidence
The claimant was employed as an authorised driver by the respondent, a courier franchisee. The claimant was dismissed by reason of a letter of complaint from the regional franchisee requesting the respondent franchisee to cease to engage the services of his authorised driver (the claimant).
Determination
The Tribunal is satisfied that the respondent was properly notified of this hearing. Neither the respondent nor a representative on his behalf attended at the hearing.
Based on the uncontroverted evidence of the claimant the Tribunal finds that the claimant was dismissed. 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 Acts1977 to 2007 to show that the dismissal was justified, the Tribunal, applying section 6 (1) of the Acts, deems the dismissal unfair. Accordingly, the claim under the Acts, 1977 to 2007 succeeds. Having heard evidence of loss the Tribunal awards the claimant compensation in the sum of €12,890 .00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)