EMPLOYMENT APPEALS TRIBUNAL
EMPLOYEE – Claimant
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr B. O’Carroll
Ms H. Kelleher
heard these claims at Castleconnell on 18 December 2013
Mr Glenn Cooper, Dundon Callanan Solicitors,
17 The Crescent, Limerick
No appearance by or representation on behalf of the respondent
The determination of the Tribunal was as follows:
At the outset the claim under the Redundancy Payments Acts, 1967 to 2007 was withdrawn.
Being satisfied that the respondent was properly on notice of the hearing the Tribunal proceeded to hear the claims. In circumstances where the respondent was not in a position to give evidence the claim under the Unfair Dismissals Acts must succeed as the onus of proof rests on the respondent to satisfy the Tribunal that the dismissal was not unfair.
The claimant was dismissed on 19 December 2011 having been placed on a three-day week from 1 July 2011 at €473-40 per week. Having heard evidence of loss and considering that the respondent ceased trading on going into liquidation on 19 July 2012 the Tribunal awards €14,675-40 under theUnfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal