EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr R. Murphy
Mr A. Butler
heard this claim at Dublin on 27th December 2013
Claimant: Ms Carol Fawsitt, Hayes, Solicitors, Lavery House, Earlsfort Terrace, Dublin 2
Respondent: No appearance or representation
The determination of the Tribunal was as follows:-
The claim lodged under the Unfair Dismissals Acts, 1977 to 2007, was withdrawn at the outset.
The appellant claimed that her employment, which commenced on 1 January 2003, ended on 1 February 2011. She received 2 weeks’ notice on her return from maternity leave, not the six weeks entitlement as per the Minimum Notice and Terms of Employment Act 1973 to 2005. She also told the Tribunal that there is an outstanding entitlement to 6 public holidays and 14 annual leave days as per the Organisation of Working Time Act 1997.
No evidence was offered by or on behalf of the respondent.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €4,076.92 (this amount being equivalent to four weeks’ gross pay at €1,019.23 per week).
The Tribunal further award €1, 223.10 (this amount being equivalent to six days pay) for public holidays and a further €815.40 (this amount being equivalent to 4 days holiday pay) under the Organisation of Working Time Act, 1997.
It should be noted that payments from the social insurance fund are limited to a maximum of €600 per week.
Sealed with the Seal of the
Employment Appeals Tribunal