EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Arcadie Zosim -claimant UD1003/2014
RP574/2014
against
Aulden Catering Limited T/A Roberto's Take-Away (In Liquidation) -respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Hennessy
Mr F. Dorgan
heard this claim at Waterford on 8th January 2016
Representation:
Claimant: Mr Cyril Cawley, Heffernan Foskin Solicitors, Otteran House,
South Parade, Waterford
Respondent: Neither the liquidator nor a representative on his behalf attended the hearing.
Determination:
Having heard the uncontested evidence of the claimant that he was summarily dismissed in circumstances that could best be described as confusing and unwarranted and was immediately replaced, the Tribunal is satisfied that the claimant was unfairly dismissed. There was no valid reason for the termination of the claimant’s employment and there was a complete absence of procedure.
Having held there to be an unfair dismissal without notice, the Tribunal awards the Claimant the sum of €9,000 by way of compensation. The claim under the Redundancy Payments Acts, 1967 to 2007, is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)