UD967/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD967/2015

CLAIM OF:                                                                                                    

Margaret McKeever                                                                                   

 -Claimant                                  

against

Aramex (Ireland) Limited

 -Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms F. Crawford B.L.

Members:     Mr C. Lucey

                    Mr S. Mackell

heard this claim at Dublin on 12th September 2016

Representation:

Claimant:          Mr Brendan Hennessy B.L. instructed by, Mr. John Rogers, Chris Ryan Solicitors, 18 North King Street, Dublin 7

Respondent:       Ms M.P. Guinness instructed by, Mr Marc Fitzgibbon, Lavelle Solicitors, St. Jame's House, Adelaide Road, Dublin 2

Background:

The respondent conceded that the Dismissal was unfair at the outset of the hearing.

The claimant gave evidence of her dismissal and the effect that it had on her life. She told the Tribunal that following her dismissal she contacted her local Social Welfare office to seek Job seekers allowance and following discussions was advised that she was entitled to Careers Allowance to look after her elderly father.

Counsel for the respondents argued that the claimant had been unable to work since the dismissal and referred the Tribunal to section 7 of the Unfair Dismissals Acts, 1977 to 2007.

Regarding the subsequent submission to amend the redress to include re-instatement there is no requirement to amend the redress as all avenues of relief are open to the Tribunal the Tribunal has jurisdiction as set out in the legislation regarding compensation.

Section 7 of the Unfair Dismissals Acts, 1977 as amended by Section 6 (ii) of the 1993 Act states:

“(ii) if the employee incurred no such financial loss, payment to the employee by the employer of such compensation (if any, but not exceeding in amount 4 weeks remuneration in respect of the employment from which he was dismissed calculated as aforesaid) as is just and equitable having regard to all the circumstances.”

Accordingly the Tribunal awards the Claimant the sum of €2,500.00, as being compensation of four weeks gross pay under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)