EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD841/2014
UD842/2014
UD843/2014
CLAIM(S) OF:
Mary O'Neill - Claimant 1
Kathleen McGann - Claimant 2
Anne Dunne - Claimant 3
Against
Cross And Passion College (respondent a)
Hyspec Limited (respondent b)
Thomas Whiteley T/A Thomas Whiteley & Sons Cleaning Services (respondent c)
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Revington S.C.
Members: Mr D. Moore
Mr J. Jordan
heard this claim at Dublin on 29th June 2015 and 10th September 2015
Representation:
_______________
Claimant: Mr Patrick Reidy, Reidy Stafford, Solicitors, Market Square, Kilcullen, Co Kildare
Respondent: (a) Kara Turner, JMB, Emmet House, Dundrum Road, Dublin 14
(b) Martin Wallace 1st day, not present or represented on 2nd day of hearing.
(c)Osborne Sols, Town Centre House, Naas, Co Kildare
Background:
Respondent (a) is a school that decided in 2011 to outsource its cleaning to respondent (b), by way of a Transfer of Undertakings. Staff received a P45 at the end of May of each year and were on lay-off until the school year began in September of that year. In September of 2013 the claimants were unable to contact respondent (b) and had no contact with them thereafter. Respondent (c) told the Tribunal that they were never the employer, they won the contract when it went to tender and had no relationship with the claimants at any time.
On the second day of hearing the claimants representatives withdrew their claims against respondent (a) and respondent (c), and proceeded with the Unfair Dismissals case against respondent (b). As the respondent was not in attendance the claimants gave sworn uncontested evidence as to their employment history and of their unsuccessful attempts to make contact with respondent (b) during the months following September 2013.
Determination:
Based on the uncontested evidence of the claimants the Tribunal is of the view that the dismissal of the above named claimants was unfair and awards compensation in the amounts of:
Claimant No. 1
The Tribunal awards claimant no. 1 the sum of €4,340.00 this being 31 weeks loss at a gross weekly wage of €140.00 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 2
The Tribunal awards claimant no. 2 the sum of €1950.00 this being 15 weeks loss at a gross weekly wage of €130.00 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 3
The Tribunal awards claimant no. 3 the sum of €1376.64 this being 12 weeks loss at a gross weekly wage of €114.72 per week under the Unfair Dismissals Act, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)