UD1392/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                                       CASE NO.

Lorcan Cribbin       -claimant                                                                                          UD1392/2014

Against

Petrolo Limited T/A The Unicorn     -respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Ms O. Madden B.L.

Members:       Mr F. Moloney

                        Mr J. Maher

heard this claim at Dublin on 14th December 2015

Representation:

_______________

Claimant:        Mr. Brendan Hennessy, Midland Legal, Solicitors, Fitzmaurice House,

Bank Place, Portlaoise, Co Laois

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

Determination

This case was originally set down for hearing on the 12^th of November 2015 but was re-listed for hearing on the 14^th of December 2015 in order to re-serve the notice of hearing on the respondent. The claimant’s representative also served the notice of hearing on the respondent by registered post and by hand.  The Tribunal is satisfied that the respondent was properly on notice of this hearing yet they failed to attend.

The claimant is an experienced head chef who worked for the family who owns the respondent for a number of years in different restaurants. The claimant worked in Bang Café until it was liquidated in 2011; he received redundancy and commenced work in the Unicorn Restaurant owned by the same family in February 2011.

The claimant’s employment proceeded as normal until the family called him to a meeting in April 2014 to say the restaurant had a new investor and would be closing for refurbishment for 10-12 days. The claimant came back to work early to do the food ordering and preparation. He discovered that new chefs had been employed in every position including his position of head chef and a lot of food preparation was already underway.

The new investor finally met with the claimant and 8 other kitchen staff on the 24^th of April 2014 in the office. The claimant was offered a dramatically lower salary in order to retain his job. The claimant said that if the respondent was in trouble he would accept a 10% pay reduction, the respondent said “no – that’s you finished.” The respondent proceeded down the line of staff asking each person the same question.   As the claimant had already been replaced, he does not believe this was a genuine offer regardless of the lack of procedures used.

The claimant gave evidence of his loss and attempts to mitigate his loss. The claimant secured a new job within a number of weeks of his employment terminating with the respondent.

Based on the uncontested evidence of the claimant, the Tribunal find that the claim under the Unfair Dismissals Acts 1977 to 2007 succeeds. The Tribunal considers an award of €33,666.00 to be just and equitable in all the circumstances.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)