EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD721/2015
APPEAL OF:
Racket Hall Trading Limited
-Appellant
against the recommendation of the Rights Commissioner in the case of:
John Paul Graham
-Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O'Mahony B.L.
Members: Mr J. Browne
Ms S. Kelly
heard this appeal at Thurles on 12th October 2016
Representation:
Appellant: No appearance or representation
Respondent: Mr. P. McDermott solicitor for employee, Nash McDermott & Company, Solicitors, Templemore, Co Tipperary
The determination of the Tribunal is as follows:-
This case came before the Tribunal by way of an employer appealing a recommendation of a rights commissioner under the Unfair Dismissals Acts 1977 to 2007.
Determination:
The Tribunal is satisfied that due notification was sent to the employer.
Based on the uncontroverted evidence of the claimant, the Tribunal finds that the claimant was dismissed. As the respondent did not attend the hearing to offer evidence to discharge the onus of proof that rests on the employer under s.6 (6) of the Unfair Dismissal Acts, the Tribunal, applying s.6 (1) of the Acts, deems the dismissal to be unfair.
Accordingly, the Tribunal dismisses the appeal and the recommendation of the rights commissioner, awarding the employee the sum of €6,000.00 under the Unfair Dismissal Acts 1977 to 2007, stands.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)