EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey BL
Members: Mr. G. Mc Auliffe
Mr. M. O'Reilly
heard this claim in Dublin on 19 December 2013
Mr. William Kelly BL instructed by
Mr Eamonn O'Hanrahan, O'Hanrahan & Co, Solicitors,
Lexington House, 71 Ballybough Road, Fairview, Dublin 3
There was no attendance at the Tribunal hearing by
Mr. Neal Morrison, McInerney Saunders, Liquidators,
38 Main Street, Swords, Co. Dublin
The determination of the Tribunal was as follows:-
The Tribunal was told that the claimant’s employment, which commenced in April 2009, ended by reason of constructive dismissal at the end of January 2012 when the claimant felt obliged to leave after months of shortfall in payments due to him. The payments made during his employment had been piecemeal and irregular such that the claimant had to engage in litigation to try to recover pay owed to him. The gross weekly pay due to him was €630.00 based on a carpenter’s hourly rate of €14.00 and a working week that averaged forty-five hours.
The subject of loss and efforts to mitigate it was addressed at the Tribunal hearing.
A hearing notice was sent to the respondent but no evidence was offered by or on behalf of the respondent at the hearing.
Allowing the uncontested claim under the Unfair Dismissals Acts, 1977 to 2007, the Tribunal deems it just and equitable to award the claimant the sum of €12,600.00 (this amount being equivalent to twenty weeks’ gross pay based on an average weekly gross pay of €630.00) under the said legislation.
It should be noted that payments from state funds are limited to a maximum of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal