ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035681
Parties:
| Complainant | Respondent |
Parties | Darko Oreskovic | West Wood Club Limited |
Representatives | Self | Peter Duff, Peter Duff & Co. Solicitors. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00046824-001 | 25/10/2021 |
Date of Adjudication Hearing: 24/06/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant alleges that he was unfairly dismissed from his employment. The Respondent is not contesting the claim. |
Summary of Complainant’s Case:
The complaint is not contested. On that basis the Complainant only gave evidence in relation to his loss. He was dismissed on the 01.08.2021. He was out of work for a period of nine weeks. On the 18.10.2021 he commenced working as a self- employed carpenter and kitchen fitter. His monthly earnings now exceed what he earned whilst employed by the Respondent. He was earning € 480 gross per week. |
Summary of Respondent’s Case:
The Respondent is not contesting the claim. The Respondent accepts the Complainant’s evidence in relation to his loss. |
Findings and Conclusions:
The Complainant was dismissed on the 01.08.2021. He was out of work for a period of nine weeks. On the 18.10.2021 he commenced working as a self- employed carpenter and kitchen fitter. His monthly earnings now exceed what he earned whilst employed by the Respondent. He was earning €480.00 gross per week. The Complainant spent the nine weeks following his dismissal setting up his business and he made attempts to secure employment with several construction companies. Based on the uncontested claim and the evidence in relation to mitigation and loss, I am satisfied that the complaint is well founded. I award the complainant € 4,320.00. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
The complaint is well founded. I am awarding the Complainant € 4,320.00 compensation. |
Dated: 29/06/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
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