EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Eunan Doyle UD1200/2014 MN612/2014
against
Conduit Enterprises Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this claim at Letterkenny on 28th January 2016, 19th May 2016 and 18th April 2017
Representation:
Claimant: Ms. Fidelma Carron, SIPTU, Membership Information &,
Support Centre, 8th Floor, Liberty Hall, Dublin 1
Respondent: Mr Declan Thomas, IBEC, 3rd Floor, Pier One, Quay Street, Donegal Town
This order should be read in conjunction with the preliminary decision already issued on 23rd September 2016 in respect of this case.
The respondent was represented by Mr. Declan Thomas of IBEC. However there were no witnesses put forward on behalf the respondent and therefore the only evidence adduced at the hearing was the sworn evidence of the claimant.
Claimant’s case:
The claimant’s job entailed answering 999 calls and directing them to the appropriate emergency service.
The claimant was dismissed for allegedly failing to answer calls for a two hour period. However the claimant contended that there was a technical problem with his equipment whereby callers were unable to hear the claimant speaking. The claimant reported this matter at the time but he was nonetheless dismissed for failing to answer these calls.
The claimant gave evidence in respect of his loss and efforts to mitigate that loss. The respondent’s representative cross examined the claimant in respect of this.
Determination:
Having considered the uncontested evidence of the claimant the Tribunal is satisfied that he was unfairly dismissed by the respondent.
In all the circumstances and having considered the extent of the claimant’s loss and his limited efforts to mitigate such loss The Tribunal awards him €21,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
It was common case that the claimant was not paid minimum notice and therefore the Tribunal awards the claimant €866.60 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)
EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Eunan Doyle, 9 Station Road, Ballyshannon, Co. Donegal UD1200/2014 MN612/2014
against
Conduit Enterprises Limited, Block P1, East Point
Business Park, Dublin 2
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this claim at Letterkenny on 28th January 2016, 19th May 2016 and 18th April 2017
Representation:
Claimant: Ms. Fidelma Carron, SIPTU, Membership Information &,
Support Centre, 8th Floor, Liberty Hall, Dublin 1
Respondent: Mr Declan Thomas, IBEC, 3rd Floor, Pier One, Quay Street, Donegal Town
This order should be read in conjunction with the preliminary decision already issued on 23rd September 2016 in respect of this case.
The respondent was represented by Mr. Declan Thomas of IBEC. However there were no witnesses put forward on behalf the respondent and therefore the only evidence adduced at the hearing was the sworn evidence of the claimant.
Claimant’s case:
The claimant’s job entailed answering 999 calls and directing them to the appropriate emergency service.
The claimant was dismissed for allegedly failing to answer calls for a two hour period. However the claimant contended that there was a technical problem with his equipment whereby callers were unable to hear the claimant speaking. The claimant reported this matter at the time but he was nonetheless dismissed for failing to answer these calls.
The claimant gave evidence in respect of his loss and efforts to mitigate that loss. The respondent’s representative cross examined the claimant in respect of this.
Determination:
Having considered the uncontested evidence of the claimant the Tribunal is satisfied that he was unfairly dismissed by the respondent.
In all the circumstances and having considered the extent of the claimant’s loss and his limited efforts to mitigate such loss The Tribunal awards him €21,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
It was common case that the claimant was not paid minimum notice and therefore the Tribunal awards the claimant €866.60 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)