UD850/2015, WT135/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD850/2015  

WT135/2015

CLAIM OF:                                                                                                              

Damien Purcell                                                                                                                                                    

against

Headway Security Management and Investigations Limited T/A Headway Security Services

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

ORGANISATION OF WORKING TIME ACT 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:     Ms N. O'Carroll-Kelly BL

Members:     Ms J. Winters

                     Mr F. Keoghan

heard this claim at Dublin on 22nd July 2016

Representation:

Claimant:

            Mr. David Canning, Canning & Co Solicitors, 3 The Bookend, Essex Quay, Dublin 8

Respondent:

            No appearance by or on behalf of the respondent.

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that the respondent was properly notified of the hearing.

The respondent had made an application on 4^th July 2016 to postpone the hearing date but that application was refused.

Claimant’s case:

The claimant commenced employment as a security guard with the respondent on 1^st August 2012 and was dismissed on 29^th June 2015.

It was the claimant’s evidence that he was dismissed without prior warning on 29^th June 2015. He was handed two letters on that day by another security guard. One was a final warning dated 11^th July 2014 which the claimant had never seen before and the other was a letter of dismissal with immediate affect.

It was the claimant’s position that he was unfairly dismissed for no good reason without fair procedures and he was not afforded the right to appeal the decision.

The claimant found alternative employment at the same rate of pay with another company from 16^th September 2015 and continues to be employed there.

The claimant withdrew his claim under the Organisation of working Time Act, 1997.

Determination

Having considered the uncontested evidence of the claimant the Tribunal finds that he was unfairly dismissed by the respondent and awards the claimant €4,800.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)