UD218/2013C

Correcting Order

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

David Wynne                                                                                                  UD218/2013

                                              -          Claimant                                                       

against

JH Industrial Cleaning Limited C/O Stephen Cave

                                                -          First Named Respondent

Broadford Cleaning & Maintenance Limited

-        Second Named Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. Hurley

Members:     Mr. J. Horan

Ms. S. Kelly

heard this appeal at Clonmel on 16^th October 2014 

Representation:

Claimant:       Tim Breen, Michael J. Breen & Co., Solicitors, Main Street, Roscrea,

                       Co. Tipperary

Respondent:   Not Present or Represented

The determination of the Tribunal was as follows:

Determination:

This is a correcting order to the order dated 21^st November 2014 and should be read in conjunction with that order.

The correct title of the second named respondent is Broadford Cleaning & Maintenance Services Limited and not as stated on the original order.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

David Wynne                                                                                               UD218/2013

                                              -          Claimant                                                       

against

JH Industrial Cleaning Limited

-          First Named Respondent

Direct Cleaning Services

-           Second Named Respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. Hurley

Members:     Mr. J. Horan

Ms. S. Kelly

heard this appeal at Clonmel on 16^th October 2014 

Representation:

Claimant:       Tim Breen, Michael J. Breen & Co., Solicitors, Main Street, Roscrea,

                       Co. Tipperary

Respondent:   Not Present or Represented

The determination of the Tribunal was as follows:

Background:

The claimant was originally employed by the first named respondent from the 24^th September 2010. He was not given a contract of employment. An incident took place and the claimant was dismissed. Having appealed the decision he was re-instated and in its stead was issued a final written warning on the 14^th August 2012.

He resumed employment and worked on the 10^th, 11^th and 12^th September 2012. On the 13^th September 2012 the second named respondent contacted him to advise him that there was no work for him and he was not to attend work. The first named respondent had lost the cleaning contract in the premises he worked and the second named respondent had taken over the contract and the staff. All the other staff originally employed by the first named respondent was transferred to the second named respondent except him.

Claimant’s Case:

The claimant in uncontested evidence confirmed his employment history and gave evidence of loss.

Determination:

The Tribunal finds that on the uncontested evidence adduced the claimant was unfairly dismissed. Accordingly the Tribunal awards the sum of €9,500.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)