EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Martin Cremin (claimant)
UD1112/2014
Against
David Mahon Fitness Limited T/A Fittr
(respondent)
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr G. Mc Auliffe
Ms. E. Brezina
heard this claim at Dublin on 1st September 2015
Representation:
_______________
Claimant(s) : Mr. Kierin Binchy B.L. instructed by Mr Peter O'Dea, O'Connor O'Dea
Solicitors, 40 South Quay, Newcastle West, Co. Limerick
Respondent(s) : No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:
The Tribunal is satisfied that the respondent was properly on notice of the hearing.
The Tribunal went on to consider oral and documentary evidence on behalf of the claimant. The Tribunal heard that the claimant worked for the respondent as a Service Manager from April 2013 until his employment was terminated on 24th June, 2014. The claimant believed he was unfairly dismissed by the respondent.
The Tribunal also heard evidence that the claimant, who has made great efforts to secure employment, has been out of work since he was dismissed in June 2014.
Determination
On the basis of the uncontroverted evidence of the claimant as to his salary and commission, and his strenuous efforts to find employment since termination, all corroborated by significant documentation, the Tribunal finds the dismissal of the claimant unfair and makes an award of €35,000 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)