UD617/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                       CASE NO.

Joseph Black                           -claimant

                                                                                                            UD617/2014

against

Camo Fuels Limited               -respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr E. Murray

Members:     Mr J. Hennessy

                    Ms S. Kelly

heard this claim at Thurles on 24th July 2015

Representation:

Claimant:        Mr Neil Butler, Neil J. Butler & Co, Solicitors,

Friar Street, Thurles, Co. Tipperary

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

Summary of evidence:

This matter came before the Tribunal by way of a claim for a constructive dismissal. There was no appearance on behalf of the Respondent. The Tribunal satisfied themselves that all steps had been taken to notify the Respondent of the date and venue of the hearing.

The Tribunal heard evidence from the Claimant that he worked for a business family in Tipperary who inter alia owned the Respondent company. Initially the Claimant was a tenant of that family in an apartment which he occupied in Urlingford. In October 2013 the Claimant fell and injured himself while at work. He had previously asked for safety gear which had not been provided. In fact, he was told by one of the family members that he should pay for this himself. Because he was out of work and not in receipt of any payment other than the Social Welfare benefit of €180.00 per week he was unable to pay his rent. One of the family members insisted that upon his return to work he would pay double rent until the arrears were cleared. A different family member called to his apartment sometime later demanding that all the rent be paid by 2.00 p.m. on the following day, failing same he would have to vacate the apartment. He was unable to pay the rent and consequently a family member assisted him to move out of the apartment. On the 9^th of December he returned to work after recovering from his injuries. Because of the manner in which two of the three family members treated him he was apprehensive about returning to work and felt that everyday at work was to be feared. The final straw came when one of the brothers encountered him in the storeroom of the petrol station in which he worked and stood between him and the door, and again accosted him in relation to the rent. The Claimant felt that he was being prevented from leaving the room. The Claimant had previously spoken to his manager who is the brother-in-law of the family members about his treatment by them and his manager told him that he knew what had been going on but there was nothing that he could do about it.

After the incident in the storeroom the Claimant felt that he could no longer return to work and regarded himself as being constructively dismissed.

Determination

In the absence of any evidence from the Respondent the Tribunal are satisfied that the treatment of the Claimant by his employers was unreasonable and justified him in terminating his contract of employment. The Tribunal finds that the Claimant was constructively dismissed and that the appropriate remedy is compensation. The Tribunal awards the Claimant the sum of €17,500.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)