UD545/2015, WT90/2015, MN262/2015

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                              CASE NO.

Guntis Kalejs                                                                                                 UD545/2015

• Claimant                                                                                                  WT90/2015

                                                                                                                    MN262/2015

   

  against

  Fengbing Liu T/A "Sun Garden" Or "Sun Garden Oriental Restaurant And Take-Away"

• Respondent

   

  under

   

  UNFAIR DISMISSALS ACTS 1977 TO 2007

  ORGANISATION OF WORKING TIME ACT 1997

  MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

   

  I certify that the Tribunal

  (Division of Tribunal)

   

  Chairman:   Ms M. McAveety

   

  Members:     Mr D. Peakin

                        Mr P. Trehy

   

  heard this claim at Monaghan on 23rd March 2016

   

   

  Representation:

   

  Claimant:         Mr. Michael Kingsley BL instructed by:

  Mr. Pat O'Reilly, Pat O'Reilly & Co. Solicitors, 3 Church Hill, Fairgreen,

  Navan, Co. Meath

   

  Respondent:    Not Present or Represented

   

  The determination of the Tribunal was as follows:-

   

  The Tribunal was satisfied that the both the appellant and the respondent were duly notified of the date, time and location this case was to be heard.

   

  Having waited a period of thirty-five minutes the hearing commenced at 11.05a.m. Neither the respondent nor a representative on their behalf were in attendance.

   

  Claimant’s Case:

   

  The claimant gave uncontested sworn evidence of his position as a Delivery Driver for the respondent’s Chinese restaurant and take away business being paid a nightly rate of €30 and working five nights a week.

   

  On the 9^th November 2014 the claimant delivery food to one of the respondent’s customers. This customer was not happy and became irate towards the claimant. He replied that he only delivered the food and they should contact the restaurant directly. On his return he spoke to his employer and informed her what had happened with the customer. His employer was not happy and asked he, the claimant, why he was working there if he did not know what to do, The claimant finished the last hour of his shift and when asking what his hours were for the following day he was informed he was fired. He never heard from the respondent again.

   

  The claimant gave evidence and submitted documentation in relation to the mitigation o his losses.

   

  Determination:

   

  Based on the uncontested evidence adduced by the claimant the Tribunal finds he was unfairly dismissed and awards him the sum of €5,000.00 (five thousand euro) under the Unfair Dismissals Acts, 1977 to 2005.

   

  Loss having been established the Tribunal awards the sum of €300.00 (three hundred euro), this being two weeks gross wages under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

   

  The Tribunal also awards the sum of €270.00 (two hundred and seventy euro), this being nine public holidays, under the Organisation of Working Time Act, 1997.

   

  N. B. - It should be noted the claimant took a claim under the Organisation of Working Time Act, 1997 to the Rights Commissioner who awarded him compensation under Section 19 and Section 23 of the Act.

   

   

   

   

   

  Sealed with the Seal of the

   

  Employment Appeals Tribunal

   

   

   

  This   ________________________

   

  (Sgd.) ________________________

       (CHAIRMAN)