UD1758/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1758/2014

CLAIM(S) OF:                                                                                              

Kong (Matthew) Shoon Hin – claimant                                                        

Against

Executive Lets Eat In Limited – respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms J. McGovern B.L.

Members:        Mr. B. Kealy

                        Ms. E. Brezina

heard this claim at Dublin on 15th March 2016 and 10th May 2016

Representation:

_______________

Claimant(s):                 Mr Nicholas Hughes & Mr Will Joyce Business & Commercial Solicitors, 28 Lower Leeson Street, Dublin 2

Respondent(s):            Company representatives on first day

                                    Mr Neil Cosgrave solicitor on second day - Cosgrave Solicitors, Market House, 15 Market Square, Navan, Co Meath

The determination of the Tribunal was as follows:-

On the second day of hearing the respondent conceded that the dismissal was unfair and requested that evidence be taken regarding the claimant’s loss and mitigation of loss.

The claimant, a Chinese national, was earning €550.00 per week as a chef with the respondent until his dismissal 11^th October 2014. He secured part-time work at the end of November 2014 earning €126.00 per week. In February 2015 he secured fulltime employment as an assistant chef earning €350.00 per week. His payslips stated €300.00 per week but he gave evidence that he received €350.00. It was suggested on behalf of the respondent that the claimant may be in receipt of cash payments which he denied. No corroborating evidence in relation to this allegation was put before the Tribunal. A former employer of the claimant gave evidence and denied giving any extra payment in cash to the claimant.

He moved to Gorey in September 2015 and commenced in an assistant chef role on €340.00 per week. He was only able to secure assistant chef roles as by and large, the employers he sought work with were also the head chefs of the various restaurants. .

Determination:

In this case the respondent conceded the dismissal and the Tribunal was asked to decide on the amount of compensation based on the evidence adduced regarding the claimant’s loss and mitigation. Having heard and considered the evidence proffered the Tribunal awards the claimant €20,000.00 (twenty thousand euro) under the Unfair Dismissals Acts 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)