UD650/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD650/2015

CLAIM OF:                                                                                                

Tom Bourke               

Claimant

against

Joyce's Irish Lean Country Bacon Limited

Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms B. Glynn

Members:     Mr. D. Morrison

                     Mr T. Gill

heard this claim at Castlebar on 14th November 2016

Representation:

Claimant:         Ms Elaine Silke, O'Dwyer, Solicitors, Ballyhaunis, County Mayo

Respondent:    Not Present or Represented

The determination of the Tribunal was as follows:-

Background:

The claimant was employed in the respondent’s wholesale of pork and bacon meats from the 17^th of October 1983 until his employment was terminated on the 18^th of March 2015.

On the 10^th of November 2016 a Director of the respondent company notified the secretariat of the Employment Appeals Tribunal that the company has ceased to trade as and from the 21^st of October 2016. He also advised the secretariat that they would not be in a position to attend the hearing in Castlebar on the 14^th of November 2016.

Determination:

The claimant gave sworn evidence of the history of his employment with the respondent and the reason he was given by the respondent of why he was dismissed. A reason he disputed. The claimant also gave evidence of his efforts to mitigate his loss of earnings and the details of the new position of employment he secured some ten days after his dismissal.

In light of the uncontested evidence adduced the Tribunal finds the claimant was unfairly dismissed in the circumstances. Accordingly, the Tribunal awards the sum of €1,096 (one thousand and ninety six euro) under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)