EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE -claimant UD1664/2012
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr J. Maher
heard this claim at Kilkenny on 17th December 2013
Representation: Claimant: In Person
Respondent: No attendance or representation on behalf of the respondent
The claimant worked in the respondent’s club. Having had a few drinks, the director of the respondent company became aggressive and physical with some of the members and the claimant, seeking to deal with the situation that had arisen, advised the director to leave and indicated to him that he would deal with the members. The director told him to get out. The director phoned him the next day and told him not to bother coming in and that he was fired and asked him to drop in the work computer he had at home.
The Tribunal is satisfied that the claimant was dismissed. The Tribunal is further satisfied that the respondent was properly notified of the hearing. As the respondent did not attend the hearing to offer any evidence to discharge the onus of proof that rests on the employer under s.6 (6) of the Unfair Dismissal Acts, the Tribunal, applying s.6 (1) of the Acts, deems the dismissal to be unfair. Accordingly, the claim under the under the Unfair Dismissals Acts, 1977 to 2007 succeeds. Having heard evidence of loss the Tribunal awards the claimant the sum of €5,870.00 in compensation under those Acts.
Sealed with the Seal of the
Employment Appeals Tribunal