EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
John Dennehy -claimant UD943/2013
Xtra-Vision Entertainment Limited
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr W. Power
Mr J. Jordan
heard this claim at Dublin on 11th September 2014
Claimant: Mr. Jim Waters, Waters & Associates, Solicitors, Unit 1a,
Hyde Court, Shaw Street, Dublin 2
Respondent: Mr. James Scanlon, Maples & Calder, Solicitors,
75 St. Stephen's Green, Dublin 2
Both parties were given notice on the 6th of August 2014 that this case was listed for the 11th of September 2014. The respondent appeared for the hearing without any relevant witnesses that could give evidence of the circumstances surrounding the claimant’s dismissal. The only witness the respondent produced was not party to the events or the author of the correspondence pertaining to the dismissal. The Tribunal was not afforded an adequate explanation as to why the main witness for the respondent was unavailable. Prior to the hearing date no postponement application was made by the respondent and no explanation was proffered as to why this course of action was not taken.
The claimant gave evidence of his loss and his attempts to mitigate his loss. The respondent made submissions and provided case law surrounding loss.
The Tribunal are left with no option but to find that the claimant was unfairly dismissed, as the respondent failed to provide any evidence or witnesses to prove otherwise.
The Tribunal find that the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and awards the claimant €80,000 in compensation.
Sealed with the Seal of the
Employment Appeals Tribunal