EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD763/2015
MN371/2015
WT123/2015
CLAIM(S) OF:
Christopher Kavanagh
against
TW Inns Limited T/A Bradys
under
UNFAIR DISMISSALS ACTS 1977 TO 2015
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: Mr. T. Ryan
Members: Mr J. Horan
Mr T. Brady
heard this claim at Dublin on 7th February 2017
Representation:
_______________
Claimant: Mr. Peter Tunney, Kevin Tunney Solicitors, Millennium House, Main Street, Tallaght, Dublin 24
Respondent: Not present or represented
The determination of the Tribunal was as follows:-
The claimant gave uncontested evidence to the Tribunal of beginning work with the respondent in May 2011 as a head bar man. Another business owned by the respondent was taken over by the banks and the respondents sons began to work at this location. The claimant said that his hours were cut and he felt himself being pushed out. While on holidays in Portugal he sent a text requesting his roster for the following week but PB (son of the owner) replied to say he was taken off the roster. When asked why he replied that his father didn’t want him any longer.
The claimant told the Tribunal that he was gutted, had children to support and was left with nothing. He gave evidence of loss.
Determination:
The Tribunal heard the evidence of the claimant and note that over a period of almost one year the respondent had sought five separate adjournments of Tribunal hearings. The respondent failed to appear and showed little or no regard or respect for the claimant or the Tribunal on the day of hearing.
Based on the uncontested evidence of the claimant, the Tribunal award the claimant the sum of €45,864 under the Unfair Dismissals Acts 1977 to 2015, €1008.00 under the Minimum Notice and Terms of Employment Acts 1973 to 2005 and a further €907.20 under the Organisation of Working Time Act 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)