EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Karen Cummins - claimant UD845/2013
Avise Hair Creations Limited T/a Salon 56 - respondent
Fiona Fitzgerald T/a Salon 56 – respondent
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. O’Leary BL
Members: Mr J. O’Neill
Mr C. Ryan
heard this appeal at Dublin on 19th June 2014
Claimant: In person
Respondent: Mr Peter Ryan of RA Consulting,
60 Lr. Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
The claimant told the Tribunal that she was put on lay off on 8 January 2013 and the respondent did not afterwards offer her work. The respondent’s position is that she offered the claimant a full time position but the claimant did not respond.
The respondent’s representative told the Tribunal that she took over the business on 4 December 2012. The Rights Commissioner determined on 22 April 2014 that there was no transfer of undertaking. The Rights Commissioners determination was not appealed.
The Tribunal finds that the Rights Commissioners determination was not appealed and therefore the parties are bound by this determination and it has no jurisdiction to re-examine the matter. Therefore as the claimant’s employment with the respondent started on 4 December 2012, she does not have the required service to bring a claim for unfair dismissal to the Tribunal. The claim under the Unfair Dismissals Acts 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal