UD1040/2015, MN491/2015, WT220/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1040/2015

MN491/2015

WT220/2015

CLAIM(S) OF:                                                                                          

Brendan O'Daly                     

Against

Sinead Brady

Ray Egan

Dish Limited T/A Menupages

and

Dish Limited T/A Menupages

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 18th August 2016 and 6th December 2016 and 7th February 2017

Representation:

_______________

Claimant:             Mr. Declan Naughton, 15 Ashton, Blessington, Co. Wicklow

Respondents:       None were present or represented

The claimant gave uncontested evidence to the Tribunal of beginning work with the respondent on 13^th November 2013 as a sales manager. On 9^th March 2015 he was called to a meeting by SB (managing director) and told that his salary would be decreasing by 20%. He was told that it was due to his performance level and had no choice in the matter. In a follow up e-mail he was told that the objective was to get him moving, selling and making money.

On 30^th March 2015 he was again called to the office by SB and told that his contract was being terminated. She didn’t want to hear anything he had to say and said the decision was already made. The claimant gave evidence of his efforts to get outstanding monies, including expenses, minimum notice payment, and outstanding holiday pay with little success. He gave evidence of loss.

Determination:

The Tribunal heard the evidence of the claimant and note that over a period of more than six months and three separate sittings of the Tribunal, the respondent failed to appear and showed little or no regard or respect for the claimant or the Tribunal.

Based on the uncontested evidence of the claimant, the Tribunal award the claimant the sum of €48,258 under the Unfair Dismissals Acts 1977 to 2015, €575 under the Minimum Notice and Terms of Employment Acts 1973 to 2005 and a further €410 under the Organisation of Working Time Act 1997.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)