EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Tomasz Wikarek UD1663/2013
RP1073/2013
MN781/2013
WT266/2013
against
Keg Securities Limited
and
Resource Facilities Support Limited
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. P. Hurley
Members: Mr. W. O'Carroll
Mr F. Dorgan
heard this case in Limerick on 15 April 2015
Representation:
_______________
Claimant(s):
Mr. Thomas Wallace-Kennedy BL instructed by
Ms. Mary Geary, McMahon O'Brien Tynan, Solicitors,
Mount Kennett House, Henry Street, Limerick
Respondent(s):
There was no attendance or representation by or on behalf of the first-named respondent or by Mr Eamonn Richardson, KPMG, Stokes Place, St. Stephen's
Green, Dublin 2 or by anyone else from or on behalf of the second-named respondent
The determination of the Tribunal was as follows:-
Claims were brought under unfair dismissal, redundancy, minimum notice and working time legislation against two employers (referred to hereafter as KSL and RFSL). It was alleged that he had been unfairly dismissed. A transfer of undertaking was being processed between KSL and RFSL around that time.
The redundancy and working time claims were not prosecuted at the Tribunal hearing.
The claimant gave sworn testimony as to the circumstances in which his employment ended and his efforts to mitigate his loss thereafter and his fitness for new work.
No evidence was proffered to contest the claimant’s claims.
Determination:
The Tribunal heard uncontested evidence from the claimant. Two claims were withdrawn. Based on the claimant’s uncontested evidence, the Tribunal finds the dismissal of the claimant was, in all the circumstances, unfair in that the claimant was given no substantive reason to justify his dismissal. Correct procedures were not followed.
The claims under the Redundancy Payments Acts, 1967 to 2007, and the Organisation of Working Time Act, 1997, are deemed withdrawn.
The Tribunal makes a finding that it makes awards against the first employer (referred to above as KSL)
Allowing the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the claimant the sum of €2,366.48 (this amount being equivalent to four weeks’ gross pay at €591.62 per week).
In addition, allowing the claim under the Unfair Dismissals Acts, 1977 to 2007, and finding compensation to be the appropriate redress in all the circumstances, the Tribunal deems it just and equitable to award the claimant the sum of €44,371.50 (this amount being equivalent to seventy-five weeks’ gross pay at €591.62 per week). The Tribunal took account of what it was told of the claimant’s dismissal and his involvement in it as well as his subsequent loss and his efforts at mitigation of that loss
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)