EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Anthony Doyle UD139/2015
against
NIC Services Group Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. C. Corcoran BL
Members: Mr. J. Goulding
Mr. S. O'Donnell
heard this claim in Dublin on 1 March 2016
Representation:
_______________
Claimant(s):
Mr Gavan Mackay, Spelman Callaghan, Solicitors,
Main Street, Clondalkin, Dublin 22
Respondent(s):
Mr. David Coughlan (Senior Site Manager)
The determination of the Tribunal was as follows:-
The claimant’s representative told the Tribunal that he had just the claimant as his witness. DC (a senior site manager with the respondent) said that JS had left the respondent but that he himself would give evidence. However, he had no witnesses and he was not part of the facts of the case. The Tribunal stated that the onus was on the respondent to establish the claimant’s dismissal. There had been no application for an adjournment and the respondent had to call relevant witnesses in evidence to make its case and he was only there as a matter of courtesy and was not part of the facts of the case.
Giving sworn testimony, the claimant said that he had worked for the respondent from February 2012 till October 2014 when he claimed to have been unfairly dismissed. He had been a site supervisor. He sought compensation for unfair dismissal.
Regarding his loss, the claimant said that he had got three months’ work in October 2015 and had done courses since then. He had made job applications subsequently.
Determination:
On the uncontested evidence of the claimant, the Tribunal finds that the respondent has not discharged the onus of proof that the claimant was fairly dismissed. Accordingly, the Tribunal allows the claim under the Unfair Dismissals Acts, 1977 to 2007, and awards the claimant compensation for unfair dismissal in the amount of €24,000.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)