UD967/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                            CASE NO.

Nigel Slater                -claimant

                                                                                                                   UD967/2014

against

Blu Eclipse Limited T/A Blu Motor Factors             -respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. M. Levey B.L.

Members:     Mr. J. O'Neill

Ms. M. Maher

heard this claim at Dublin on 17th July 2015

Representation:

Claimant:        Mr. Proinsias Ó Maolchaláin B.L. instructed by Mr David Hickey,

Crowley Millar Solicitors, 15 Lower Mount Street, Dublin 2

Respondent:    No appearance or representation on behalf of the respondent.

Summary:

The registered post was returned from the registered address of the company marked “not called for.” The notice of hearing was reissued by ordinary post on 8 July 2015. Neither the company nor a representative on its behalf attended the hearing.

It was the claimant’s uncontested evidence that the employment commenced on 2^nd January 2013 and ended on 13^th January 2014. The respondent company supplied car parts to the motor trade and the claimant held the role of manager as well as having a shareholding in the business. In early 2014 Mr. G became involved in the company as a proposed investor.

One of the company’s suppliers was based in the local vicinity. This creditor sought payment for goods in January 2014. The claimant discussed this with MH who was a director of the respondent company. The claimant recommended payment to the creditor and MH agreed. The claimant subsequently completed the relevant details on a pre-signed company cheque and sent it to the creditor. On Friday 10^th January 2014 the claimant was accused by Mr. G of defrauding the company in relation to this matter. However, eventually Mr. G accepted that the claimant had not defrauded the company.

A second part of the business related to fleet hire and a sum of money was owed between the two parts of the business. In the same week as the above incident Mr. G asked the claimant what was the sum owed between the two parts of the business. The claimant told him that it was at least €8,000 - €10,000. However, when the director (MH) completed the figures over the weekend she found the figure to be €22,000.

On Monday, 13^th January 2014 the claimant was summoned to the office where the directors and Mr. G were present. Mr. G told the claimant that he could not work with someone who defrauded the company and he told the claimant to leave. The claimant was shocked and departed the employment. He gave evidence of loss and efforts to mitigate that loss which included securing new employment in April 2013.

Determination:

Based on the claimant’s uncontested evidence the Tribunal is satisfied that he was unfairly dismissed from his employment. The Tribunal awards the claimant compensation of €4,807 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)