EMPLOYMENT APPEALS TRIBUNAL
Innovation Enterprises Limited (In Receivership)
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr. J. Browne
Ms. S. Kelly
heard this claim at Waterford on 21st October 2016
Claimant: In person
Respondent: There was no appearance or representation at the hearing by or on behalf of the Receivers
Summary of claim:
The claimant stated that she was employed from October 2013 to February 2015 with the respondent company. During the tenure of her employment she became responsible for managing the quality department and it was successful in any audits performed during that time. The claimant performed the duties associated with her role without issue.
In January 2015 the claimant was informed by her line manager that her contract was not going to be extended any further and that another member of staff would carry out her duties in the future. During the notice period the claimant trained the member of staff who was to replace her. The manager disliked the claimant and the claimant felt this gave rise to her dismissal.
The claimant secured new employment approximately one month after her dismissal at a higher rate of pay but was at the loss of the paid accommodation which the respondent had provided to her as part of the terms and conditions of her employment.
The Tribunal is satisfied that the respondent was duly notified of the hearing. Based on the uncontroverted evidence of the claimant, the Tribunal finds that she was dismissed.
As the respondent did not attend the hearing to offer any evidence to discharge the onus of proof that rests on the employer under s.6 (6) of the Unfair Dismissal Acts, the Tribunal, applying s.6 (1) of the Unfair Dismissals Acts, 1977 to 2007 Acts, deems the dismissal unfair. Accordingly, the claim under the Acts succeeds.
Having heard evidence of loss the Tribunal awards the claimant the sum of €7,846.00 as compensation under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal