UD1231/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                         CASE NO.

Ian Duggan                                                                             UD1231/2013

against

Spectrum Security Limited T/A Spectrum Security Group

• the first respondent

   

  and

   

  Hillbilly Fast Food Limited

• the second respondent

   

  under

   

  UNFAIR DISMISSALS ACTS, 1977 TO 2007

   

  I certify that the Tribunal

  (Division of Tribunal)

   

  Chairman:   Ms. K.T. O'Mahony BL

   

  Members:   Mr. J. Hennessy

  Mr. D. McEvoy

   

  heard this case in Cork on 27 November 2014

   

  Representation:

  Claimant(s): Ms. Anne McShane, MJ O'Connor, Solicitors,

  Ormonde House, 26 Harbour Row, Cobh, Co Cork

  Respondent(s): No attendance or representation

   

   

   

  The determination of the Tribunal was as follows:

   

  Summary of Evidence

   

  The claimant commenced employment on18 July 2011as a security guard on door duty with the second-named respondent. The claimant and the four other members of security staff were invited to a meeting on12 June 2013 where Director F of the first-named respondent and Director G of the second-named respondent were present and they were informed that the business was being transferred to the first-named respondent. They were told that the hours of work and rates of pay would be looked at over the coming months and might be changed. The transfer took place on or around 15 June 2013.

   

  At a further meeting with Director F on the same date, 15 June 2013, the security staff were measured for uniforms and they signed the first-named respondent’s Standard Operating Procedures. The claimant produced this document bearing his signature in evidence. The claimant left the meeting understanding that he was rostered to work the night shift on 16 June 2013.

  On 16 June 2013 Director F invited the claimant to a meeting and summarily dismissed him on the grounds that having spoken to management the staff were allegedly unwilling to work with him. The claimant explained to Director F that he had been treated unfairly as regards the roster and had spoken to the supervisor about it.  

  Determination

  On the transfer of the business by the second-named respondent to the first-named respondent on 15 June 2013 the claimant’s employment automatically transferred to the first-named respondent.  

  Based on the uncontroverted evidence of the claimant the Tribunal finds that the claimant was dismissed on 16 June 2013 by the first respondent. As the first respondent failed to appear and discharge the onus of proof that rests on the respondent under s.6 (6) of the Unfair Dismissal Acts, the Tribunal applies s.6 (1) of the Acts and deems the dismissal to be unfair. Accordingly, the claim under the Acts, 1977 to 2007 succeeds. Having heard evidence of the financial loss suffered by the claimant and his efforts to mitigate his loss the Tribunal awards the claimant €11,930.00 under the Unfair Dismissals Acts, 1977 to 2007.

   

  The claim against the second named respondent is dismissed.

   

  Sealed with the Seal of the

   

  Employment Appeals Tribunal

   

   

  This   ________________________

   

  (Sgd.) _________________________  

  (CHAIRMAN)