EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Stephen Ruth UD166/2015
Sliderobes (Ireland) Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr. E. Handley
Ms. N. Greene
heard this claim at Dublin on 23rd March 2016
Claimant: The claimant in person
Respondent: No appearance by or on behalf of the respondent
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.
The claimant commenced employment with the respondent on 25th October 2012 and was dismissed on 12th September 2014. The claimant was one of three permanent employees in the respondent and in July 2014 they were all notified that one of them was to be made redundant. All three were interviewed and the claimant was subsequently made redundant. However an intern (on Job-Bridge Scheme) had been taken on in April 2014 and he was kept on, doing the claimant’s job, after the claimant was dismissed. In January 2015 this person was made permanent.
The claimant was unemployed from the date of his dismissal until he secured another job on 12th June 2015. The claimant’s gross pay per month with the respondent was €1,833.00.
Having considered the uncontested evidence of the claimant the Tribunal is satisfied that a genuine redundancy situation did not exist at the time of the claimant’s dismissal. It is clear that there was work available but that the respondent chose to replace the claimant with a intern on the Job-Bridge Scheme whom they subsequently made a permanent employee.
In the circumstances the Tribunal finds that the claimant was unfairly dismissed and awards him €16,497.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal