EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
John Burke UD1524/2012
I-Secure Risk Management Limited
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. R. Maguire BL
Members: Mr. J.O’Neill
Mr. A. Butler
heard this case in Dublin on 19 August 2014
No attendance or legal or trade union representation at the hearing
No attendance or legal representation at the hearing
The determination of the Tribunal was as follows:-
Unfair dismissal and redundancy claims were lodged with the Tribunal in respect of the employment by the respondent of a security supervisor allegedly from 1 January 1996 to 13 May 2012. Gross pay was claimed to have been €250.00 for a twenty hour week. It was claimed that there had been no adequate cause when, in the absence of suitable procedure, his employment was terminated. He felt that there had not been sufficient clarity as to why he had been dismissed.
The respondent’s position was that the claimant had been dismissed because he had not been suitable and had referred the matter to the Labour Relations Commission but had failed to attend the 5 July 2012 Rights Commissioner hearing scheduled for him. That complaint was recorded by the Rights Commissioner as having failed for want of prosecution (ref.: r-122364-ud-11 under the Unfair Dismissals Acts, 1977 to 2007,).
In response to what was not an appeal of the above Rights Commissioner Recommendation/Decision but a fresh case, the respondent stated that the claimant had, in fact, only worked for the respondent from 18 November 2011 to termination at 15 April 2012 and, therefore, did not have one year’s service. It was submitted that the claimant had worked for some six since-defunct companies previous to his employment with the respondent.
Given the lack of attendance before the Tribunal division at the hearing convened, the claims under the Unfair Dismissals Acts, 1977 to 2007, under the Redundancy Payments Acts, 1967 to 2007, and under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fall for want of prosecution.
Sealed with the Seal of the
Employment Appeals Tribunal