EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Ian Kerrigan UD609/2014
against
David Sheridan T/A Recycling System Repairs
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr F. Moloney
Mr J. Maher
heard this claim at Dublin on 25th May 2015
Representation:
Claimant:
Mr Richard Bennett, Bennetts, Solicitors, 306 Ballyfermot Road, Ballyfermot, Dublin 10
Respondent:
No appearance by or on behalf of the respondent.
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that he was properly notified of the hearing.
Claimant’s case:
The claimant commenced employment with the respondent on 12th December 2011 and at the time of his dismissal he was earning €726.47 per week. In late December 2013 the claimant underwent an operation on his eye and although he expected to be out of work for two days his recovery took longer and he sent medical certs to the respondent. He was fit to resume work on 2nd January 2014 but was told by the respondent that there was no job for him.
The claimant found alternative employment from 16th January 2014. However the rate of pay in his new job was €94.00 less per week.
Determination:
Having considered the uncontested evidence of the claimant the Tribunal finds that he was unfairly dismissed by the respondent.
Although the claimant was unemployed for only two weeks the job he took up paid significantly less than his job with the respondent and the Tribunal took account of this on going loss when deciding upon the appropriate award. Therefore in all the circumstances the Tribunal awards the claimant €11,040.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)