EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Quaykoff Taverns Limited UD827/2014
against the recommendation of the Rights Commissioner in the case of:
The Personal representative in the Estate of Mark Donovan (deceased)
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey B.L.
Members: Mr R. Murphy
Mr N. Dowling
heard this appeal at Dublin on 22nd July 2015
Representation:
Appellant:
Carley & Connellan, Solicitors, 10 Anglesea Street, Dublin 2
Respondent:
No appearance by or on behalf of the respondent
This case came before the Tribunal by way of an appeal by the employer against the decision of the Rights Commissioner Ref: r-136990-ud-13/GC.
The Tribunal was informed by phone call from the respondent’s (the employee) brother on 3rd July 2015 that the respondent was deceased and that he (the brother) would attend the hearing. However there was no appearance at the hearing on behalf of the respondent.
Appellants case:
The respondent company operates a public house and the respondent was employed there as a barman. A director of the appellant told the Tribunal that the respondent was dismissed for giving drinks to customers free of charge. The respondent had been warned about this behaviour and had previously been dismissed but then reinstated for similar incidents. The director met with the respondent having carried out an investigation and the respondent admitted to the allegations put to him. The director took the decision to dismiss the respondent and paid him whatever wages he was due.
Determination:
Based on the uncontested evidence of the appellant the Tribunal upsets the decision of the Rights Commissioner Ref: r-136990-ud-13/GC and finds that the respondent (the employee) was not unfairly dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)