EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Mariusz Swiergula UD1033/2015, MN484/2015
WT218/2015
against
La Fantasia Caffe Italia Limited
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. E. Daly B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this claim at Letterkenny on 23rd September 2016
Representation:
Claimant: PA Dorrian & Co Solicitors, Port Road, Letterkenny, Co Donegal
Respondent: No representation listed
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.
The determination of the Tribunal was as follows:
Based on the brief and uncontested evidence of the claimant the Tribunal finds that he was unfairly dismissed without notice and without either receiving his proper statutory leave and public holiday entitlements.
It follows therefore that the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the Tribunal awards him €3460.00 as compensation under those Acts.
Based on the statutory minimum pay the Tribunal also allows the appeal under the Minimum Notice and Terms of employment Acts, 1973 to 2005 and awards the appellant €432.50 as compensation in lieu of one week’s notice.
In applying the minimum hourly rate and accepting the appellant’s evidence regarding his leave and public holiday entitlements the Tribunal further allows his appeal under the Organisation of Working Time Act, 1977 and compensates him to the sum of €3719.50.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)