UD470/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD470/2015

CLAIM OF:                                                                                           

Mateusz Kolba                          

Against

Alan Bakery T/A Allex Bakery

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms C. Egan B.L.

Members:     Mr T. Gill

                     Ms H. Murphy

heard this claim at Galway on 7th December 2016

Representation:

_______________

Claimant:             Mr Paul Hardy, Siptu, Liberty Hall, Dublin 1

Respondent:         In person

Respondent’s case:

The owner of the business AD told the Tribunal that the claimant was dismissed following an incident in the bakery on 9^th October 2014. He was already on a final warning and walked off site leaving the bakery short staffed on the day. AD told the Tribunal that the claimant arrived with a letter of resignation the next day, but it wasn’t accepted as he was already dismissed.

Claimant’s case:

The claimant confirmed that the incident occurred and told the Tribunal that he did try to give his letter of resignation the next day. His representative told the Tribunal that the claimant had no loss as he had found alternative employment immediately and the remedy sought was four week’s pay.

Determination:

From the oral evidence and documentation produced the Tribunal cannot determine that an Unfair Dismissal occurred in the circumstances.

The claim under the Unfair Dismissals Acts, 1977 to 2007, is therefore dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)