In this case there was no appearance for or on behalf of the respondent. Accordingly, the Tribunal heard the uncontested evidence from the claimant.

The claimant in this case started working for the respondent on 12 August 2011 on a part time basis. On the 1 November 2012 he went off work on certified sick leave from his doctor suffering from work related stress. He contacted the Managing Director of the company on 7 January 2013 to try and discuss the source of his work related stress. However, the MD instructed him to contact the company doctor when he was fit to return to work. The claimant was certified to return to work on or around 26 February 2013 by both his GP and OH.

Further to this, on 1 March 2013 the Managing Director emailed the claimant stating that the job he did before going off on sick leave had now changed due to a new software system and required a five day week and proposed an interview with another director for the new position. The claimant replied stating that he was happy to take up the full time position. The Managing Director replied stating that the claimant's previous position was made redundant and that he would have to meet with the other director to discuss his suitability for the new role.

The claimant attended this meeting and later received a letter detailing that he was unsuccessful. The tribunal heard evidence from the other director, who was no longer a director or employee of the respondent at the time of the hearing, that the position had already been filled at the time of the purported interview and that he had been coached to make it look like an interview.

DETERMINATION:

As the respondent failed to appear and discharge the onus of proof that rests on the employer under s.6 (6) of the Unfair Dismissal Acts the Tribunal, in applying s.6 (1) of the Acts, deems the dismissal to be unfair. The Tribunal determined that compensation was the appropriate remedy and having heard evidence of loss, the Tribunal awarded the claimant the sum of €12,250.00 under the Unfair Dismissals Acts, 1977 to 2007.

Read the full case report here:
http://www.workplacerelations.ie/en/Cases/2015/February/UD754_2013.html