Black v Camo Fuels Ltd

• Jurisdiction: Ireland
• Judgment Date: 24 July 2015
• Judgment citation (vLex): [2015] 7 JIEC 2401
• Docket Number: UD617/2014
• Date: 24 July 2015
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD617/2014

CLAIM(S) OF:

Joseph Black

claimant

and

Camo Fuels Limited

respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr E. Murray

Members: Mr J. Hennessy

Ms S. Kelly

heard this claim at Thurles on 24th July 2015

Summary of evidence:

1 This matter came before the Tribunal by way of a claim for a constructive dismissal. There was no appearance on behalf of the Respondent. The Tribunal satisfied themselves that all steps had been taken to notify the Respondent of the date and venue of the hearing.

2 The Tribunal heard evidence from the Claimant that he worked for a business family in Tipperary who inter alia owned the Respondent company. Initially the Claimant was a tenant of that family in an apartment which he occupied in Urlingford. In October 2013 the Claimant fell and injured himself while at work. He had previously asked for safety gear which had not been provided. In fact, he was told by one of the family members that he should pay for this himself. Because he was out of work and not in receipt of any payment other than the Social Welfare benefit of €180.00 per week he was unable to pay his rent. One of the family members insisted that upon his return to work he would pay double rent until the arrears were cleared. A different family member called to his apartment sometime later demanding that all the rent be paid by 2.00 p.m. on the following day, failing same he would have to vacate the apartment. He was unable to pay the rent and consequently a family member assisted him to move out of the apartment. On the 9^th of December he returned to work after recovering from his injuries. Because of the manner in which two of the three family members treated him he was apprehensive about returning to work and felt that everyday at work was to be feared. The final straw came when one of the brothers encountered him in the storeroom of the petrol station in which he worked and stood between him and the door, and again accosted him in relation to the rent. The Claimant felt that he was being prevented from leaving the room. The Claimant had previously spoken to his manager who is the brother-in-law...