EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Daniel Gorski UD99/2015 MN41/2015
against
Irepair Express Limited
t/a Ismash
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B L
Members: Mr J. Horan
Mr A. Butler
heard this claim at Dublin on 18th May 2016
Representation:
Claimant : Mr Hugh Hegarty, SIPTU, Liberty Hall, Eden Quay, Dublin 1
Respondent : No representation listed
The determination of the Tribunal was as follows
The Tribunal is satisfied that the respondent was properly notified of this hearing. Neither the respondent nor a representative on its behalf appeared for the hearing.
Having heard and considered the uncontested evidence of the claimant the Tribunal finds that his termination of employment with respondent amounted to an unfair dismissal. It follows therefore that the claim under the Unfair Dismissals Acts, 1997 to 2007 is allowed. In awarding the claimant €9,500.00 under those Acts, the Tribunal had regard to all the circumstances of this dismissal including section 7.2 (d) as amended.
The appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 succeeds and the Tribunal awards the claimant €520.83 as compensation for one week’s notice entitlement.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)