EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Eoin McGrath UD296/14
- appellant UD297/14
against the recommendation of the Rights Commissioner in the case of:
The Coffee Warehouse Limited
UNFAIR DISMISSALS ACTS, 1977 TO 2007
PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 and 2001
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Browne
Mr F. Dorgan
heard this appeal at Waterford on 1st April 2015
Appellant: Mr. Paul Hutchinson BL instructed by Mr Sean Ormonde, Sean Ormonde & Co, Solicitors, Suite 19, The Atrium, Canada Street, Waterford
Respondent: No appearance by or on behalf of the respondent
This case came before the Tribunal by way of appeals by both the employee and the employer against the recommendation of the Rights Commissioner Ref.r-135699-ud-13/MMG, under the Unfair Dismissals Acts, 1977 to 2007 and by way of appeal by the employer against the recommendation of the Rights Commissioner ref. r-132228--pw-13/MMG, under the Payment of Wages Act, 1991 and r-132225-te-13/MMG under the Terms of Employment (Information) Act 1994 and 2001. The Tribunal also heard a direct claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 by the appellant.
The determination of the Tribunal was as follows:-
Appellant’s Case (Employee)
The appellant was employed as a Sales Representative and commenced employment on 1st October 2009. The respondent is a coffee wholesalers.
On 8th March 2013 on his return to the warehouse he was called to a meeting and was informed that his employment was being terminated with immediate effect. It was alleged that he had misappropriated by theft the sum of €20.22 from the company. The appellant was asked to hand over the keys of the company van.
Since the termination of his employment the appellant was out of work for approximately four months. He set up his own business in July 2013.
Respondent’s Case (Employer)
No evidence adduced as there was no appearance by or on behalf of the respondent.
Having heard the uncontested evidence of the appellant (employee) the Tribunal finds that he was unfairly dismissed. The Tribunal varies the appellant (employee’s) appeal under the Unfair Dismissals Acts, 1977 to 2007 and awards him €10,000.00. The Tribunal dismisses the respondent (employer’s) appeals under the Unfair Dismissals Acts, 1977 to 2007 and the Payment of Wages Act, 1991 and the Terms of Employment (Information) Act 1994 and 2001 and affirms the recommendations of the Rights Commissioner under the the Payment of Wages Act, 1991 and the Terms of Employment (Information) Act 1994 and 2001.
The Tribunal awards the appellant (employee) €1,068.00 being the equivalent of two weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal