EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Vitus Nwoke, (claimant) UD746/2012 MN553/2012
Safe Zone Limited T/A Safezone Security Services, (respondent)
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Revington S.C.
Members: Ms J. Winters
Ms. N. Greene
heard this claim at Dublin on 9th October 2013
Claimant(s) : Ms. Kiwana Ennis B.L instructed by Ms. Julie Mullan, McGrath Mcgrane, Solicitors, Suite 323, The Capel Building, Mary's Abbey, Dublin 7
Respondent(s) : No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:
This Correcting Order should be read in conjunction with: UD746/2012, MN553/2012 signed on 17th October, 2013. Minimum notice was calculated based on fortnightly pay instead of weekly pay.
The Tribunal noted that there was no appearance by or on behalf of the respondent.
The Tribunal heard how the claimant, having worked with the respondent for almost six years on a basic fortnightly salary of €774, was dismissed on 16th March, 2012. The claimant was called to a meeting on 29th February, 2012 to discuss his use of the company mobile home. The respondent told the claimant they would be in touch with him after the meeting. On 16th March, 2012 he was given his P45 and was told the company had decided not to continue with his employment. The claimant believed he was unfairly dismissed from his employment.
The Tribunal also heard that the claimant, who has made great efforts to secure employment, has been out of work since he was dismissed in March 2012.
This claim was not contested by virtue of the non-appearance of the respondent.
Based on the uncontested evidence of the claimant, the Tribunal awards €40,248 under the Unfair Dismissals Acts, 1977 to 2007.
The Tribunal also awards the claimant his statutory entitlement of €1,548.00, being the sum due for four weeks’ notice, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal