EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD792/2015
APPEAL(S) OF:
Derek Kerrigan
against the recommendation of the Rights Commissioner in the case of:
Coill Rua Teoranta (In Receivership)
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Hurley
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this appeal in Ennis on 30 September 2016
Representation:
_______________
Appellant(s): Mr. Mark Killilea, Purdy Fitzgerald, Solicitors, Block 1, GFSC, Moneenageisha, Galway
There was no attendance by
Ms. Claire Carroll, HR Connections, Moycullen, Co. Galway
Respondent(s):
There was no attendance at the Tribunal hearing by or on behalf of
Mr Ken Fennell, Kavanagh & Fennell, Simmonscourt House, Simmonscourt Road, Balsbridge, Dublin 4
The determination of the Tribunal was as follows:-
This case came to the Tribunal as an appeal against the quantum of the five thousand euro award made to the claimant in Rights Commissioner Recommendation r-148106-ud-14/EOS under the Unfair Dismissals Acts, 1977 to 2007.
A hearing notice was sent to the respondent’s registered office as formally and officially recorded by the Companies Registration Office but no appearance was made by the respondent at the Tribunal hearing. There was no indication as to whether the respondent had failed to amend its Companies Registration Office recorded address for the respondent or even ensured that post to a prior address would be forwarded to it.
Giving sworn testimony, the appellant said that he had been the owner of a supermarket which had gone into receivership with KFX in January 2012 whereupon he had been taken on as an employee to manage the supermarket. However, it was alleged that he had been dismissed without notice or proper procedures at the end of February 2014 when the respondent brought in a new management team. KFX was taken over by DLX in July 2014.
The appellant said that he was not given any contract when taken on as an employee. It was submitted that the appellant had been accepted by the respondent to have been an employee at the Rights Commissioner hearing but the appellant said that he had returned to the respondent the five thousand euro awarded to him and sent to him on behalf of the respondent because he had been unable to find new employment despite great efforts. It was considered that his maturity (despite the resulting experience) might not have benefited him in this search.
The appellant had taken on a worker to do his post office administration duties while he concentrated on trying to secure new employment.
He had ultimately set up an electric bikes tour business for which he had to make so much investment that he had not yet made any profit.
Determination:
On the uncontested evidence of the appellant, the Tribunal varies the quantum of the five thousand euro award made to the claimant in Rights Commissioner Recommendation r-148106-ud-14/EOS under the Unfair Dismissals Acts, 1977 to 2007, and allowing the appeal under the said legislation, awards him the sum of €78,000.00 (this amount being equivalent to 104 weeks’ gross pay at €750.00 per week).
It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)