UD815/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIMOF:                                                                                                    CASE NO.

Dariasz Kaim   -claimant                                                                                UD815/2014

against

Easy-Let Limited

-respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms. E. Daly B.L.

Members:       Mr. D. Morrison

                        Ms. A. Moore

heard this claim at Letterkenny on 20th November 2015

                                                        and 2nd March 2016

Representation:

_______________

Claimant:         Ms Roisin Doherty, Roisin Doherty Solicitors, 15 Main Street, Carndonagh, Co. Donegal

Respondent:    In Person on 20^th November 2015

                        No appearance or representation on behalf of the respondent

on 2^nd March 2016

Preliminary Application

The respondent made an application that the claimant does not have sufficient service to allow him to take a claim under the Unfair Dismissals Acts, 1977 to 2007.

The holiday home park was owned by SK who was the owner of GC Leisure Homes. A management company (the respondent) was employed to manage the holiday park from March 2010. The owner of the management company (GÓR) has another company called C.I. which bought the holiday park from SK in January 2014.

The claimant was a care-taker in a holiday home park. He commenced employment in 2007; he took an extended break from June 2008 by agreement with the then owner and was re-engaged in September 2008. In December 2009 he went home for the Christmas holidays and returned to find his P45 waiting for him. The claimant was then employed by the respondent in March 2010 to continue in his duties. The claimant’s work was seasonal; he worked from Spring (app. April) to Winter (app. November) each year. Every winter his hours were reduced or he was on zero hours. This practice continued until 2014.

The respondent maintains that the claimant’s employment ceased on the 21^st of November 2013 as there was no work available for him. He produced a P45 that he said issued to the claimant at that time; this P45 was never filed with Revenue. The claimant was never paid a redundancy lump sum. The respondent then hired the claimant on the 7^th of April 2014 and dismissed him on the 25^th of April 2014. The respondent maintains that this was a new employment and therefore the claimant does not have the continuous service to take a claim as prescribed in the Unfair Dismissals Acts.

The claimant worked in the holiday park as a care-taker continuously from September 2008. He was on lay-off during the winter months and claimed the corresponding Social Welfare allowance during those times. He also lived in one of the holiday homes with his family from 2007. The claimant never got a P45 at the end of the summer period and disputes receiving one in November 2013.   The claimant got a P60 every year.

Preliminary Determination

The Tribunal find that the claimant does have the continuous service required to take a claim under the Unfair Dismissals Acts 1977 to 2007. His service starts in September 2008 and his employment ceased in April 2014.   The claimant was not paid any redundancy in November 2013 and the P45 was never filed with Revenue officially terminating the claimant’s employment with the respondent in November 2014. In November 2013 the claimant began the winter lay-off period as normal and re-commenced working in April 2014.

The Tribunal accepts jurisdiction to hear this case.

Determination

The substantive case was due to be heard on the 2^nd of March 2016. The respondent was properly on notice of the resumed hearing and had made an application by letter of the 22^nd of March 2016 to give his evidence in Irish. The Tribunal secretariat informed the respondent that an Irish interpreter would be provided for the hearing on the 2^nd of March 2016. The respondent failed to attend on the scheduled day of hearing.

The claimant gave uncontested evidence through an interpreter of his loss and the circumstances surrounding the termination of his employment.

The Tribunal find that the claim under the Unfair Dismissals Acts 1977 to 2007 succeeds and awards the appellant €4,741.06 in compensation.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)