EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Joseph Floyd (Snr) MN260/2012
Clare County Council
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr T. Gill
Ms H. Henry
heard this claim at Ennis on 27th June 2013
and 22nd October 2013
and 18th February 2014
and 26th May 2014
Ms. Liz Murray on behalf of Mr Gerard Kennedy, S.I.P.T.U., Liberty Hall, Eden Quay, Dublin 1
Mr. Don Culliton, Local Government Management Services Board, Local Government House, 35-39 Ushers Quay, Dublin 8
The decision of the Tribunal was as follows:-
The Tribunal satisfied itself that the claimant’s employment ended on 6 September 2011 when he was dismissed without notice but the Tribunal was not satisfied that a dismissal without notice was justified. That onus was not discharged by the respondent. The claimant had more than the fifteen years’ service required to seek the maximum minimum notice award of eight weeks’ gross pay.
Given that the Tribunal did not find that there were substantive grounds justifying a dismissal for gross misconduct, the Tribunal, allowing the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, unanimously awards the claimant the sum of €4,056.00 (this amount being equivalent to eight weeks’ gross pay at €507.00 per week) under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal