EMPLOYMENT APPEALS TRIBUNAL
Przemyslaw Zarembski -Claimant
Greentel Limited (In Liquidation) -first named Respondent
Prime Venture Security Services -Respondent
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Mc Grath B.L.
Members: Mr. L. Tobin
Mr. C. Ryan
heard this claim at Dublin on 1st July 2015
Claimant: Mr. Pat O’Toole, C/O O’Toole House, Mullingar road, Tyrrellspass, Co. Westmeath
Respondents: No appearance or representation
There was no appearance by or on behalf of either named Respondents. The Tribunal is satisfied that proper notification was sent to the Respondents. The Tribunal had received correspondence from the liquidator of Greentel Ltd and the liquidator explained that there are no funds to pay any form of creditors and that they had no record of the incident to file a form T2. The Tribunal received a form T2 from the second named Respondent Prime Venture Security Services stating that at some point in time they became involved in the hotel and that the employees’ employment/ service transferred over to them but the Claimant’s employment did not transfer over and he was never an employee of theirs.
The Tribunal heard the uncontested evidence of the Claimant.
The Tribunal has carefully considered the evidence adduced by the Claimant. There was no appearance made by either Respondents on record.
The Claimant herein had been accused of tampering with a cigarette machine in his place of work during the course of his employment as a night porter. This allegation was made on or about 08th November 2013. The Claimant was put on suspension and in essence it seems no attempt was made to initiate an investigation and / or disciplinary process. The Claimant was left hanging and in a more serious sideshow was being threatened with prosecution and Garda involvement unless a resignation was forthcoming. After 5 or 6 weeks the Claimant contacted one of the directors a Mr. B and at a meeting held on 16th of December 2013 with Mr. B it became apparent that there was no investigation and no evidence. Indeed the Claimant was refused sight of cctv footage which allegedly showed this incident. Mr. B seemed to have been content to leave the Claimant in a perpetual state of suspension and this being intolerable to the Claimant he definitively resigned his position on 16th December 2013.
The Tribunal finds these matters to have been unreasonable and unacceptable from the Claimant’s perspective and must find that the Claimant was forced to resign his position by reason of the employers treatment of him.
At the time of the hearing before the Tribunal it seems clear that the employer herein is the first named Respondent and unless a transfer of undertaking from the first named Respondent to the second named Respondent was effected before the 16th December 2013 then the first named Respondent is liable for any award made. In the event that a transfer was effected before the 16th December 2013 then the appropriate employer/Respondent is the second named Respondent (which name appears on the p45 provided).
Under the Unfair Dismissals Acts, 1977 to 2007, the Tribunal awards the sum of €19,250.00.
Sealed with the Seal of the
Employment Appeals Tribunal