UD196/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD196/2015

CLAIM(S) OF:                                                                                            

Mary Kelly                                                                                                                                            

against:

Mac Eoin Park Residents Association Limited

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. O’Leary B.L.

Members:     Mr. P. Pierson

                     Ms. H. Murphy

heard this claim at Longford on 1^st July 2015

Representation:

Claimant:         Conor Quinn, John J. Quinn & Company, Solicitors, Earl Street, Longford

Respondent:       Not Present or Represented

The decision of the Tribunal was as follows:-

This matter was scheduled to be heard by this division of the Tribunal at 10.30am on the 1^st July 2015 in the Courthouse, Longford Town, Longford. Having waited a period of 30 minutes to await the arrival, if any, of the respondent, the hearing commenced at 11.00am.

Claimant’s Case:

The claimant gave uncontested sworn evidence of her commencement of employment as an Aftercare Childcare Assistant. In November 2013 she was asked by the Manager of the respondent if she would take over the role of Supervisor following the termination of the person in the role. She accepted and was paid a weekly gross wage of €225.00 and signed her employment contract of the 28^th November 2013.

In March 2014 problems arose concerning the Manager. Matters were brought to her attention regarding the Manager. This information also came to the attention of the Chairman of the Board of the respondent company who approached the claimant to discuss the issue. Following this the Manager ceased speaking to the claimant. On one occasion he failed to inform her of staff absences leaving the premises and children under supervised. Their relationship continued to decline.

In October 2014 she was introduced to a new Chairman of the Board and was handed a new contract of employment for a different position within the company. The claimant told the Tribunal that this position was a demotion. She did not sign the contract. Due to ill health brought on by stress her doctor certified her medically unfit for work. She submitted medical certificates which were acknowledged by the respondent. However, on the 14^th November 2014 the respondent wrote to her, while on certified sick leave, to inform her she was dismissed. She was not given any right to appeal this decision and sought legal advice.

She gave evidence of loss.

Determination:    

The Tribunal were satisfied the respondent was properly notified of the time, date and location of the hearing. Neither they nor a representative attended on the day.

Having heard the uncontested sworn evidence of the claimant the Tribunal finds the claimant was unfairly dismissed. Accordingly, the Tribunal awards the sum of €11,000.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

         (CHAIRMAN)