EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO’S:
Ms Margaret Bailey UD377/2013
MN203/2013
WT57/2013
against
Bernard Conlon
Vincere Ltd
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 the Tribunal)
Chairman: Mr. P. O’Leary BL
Members: Mr. P. Pierce
Ms E. Brezina
heard these claims at Dublin on 28th March 2014
Representation:
Claimant: Ms Aoife McGuiness solicitor, McDonough
& Breen Solicitors Distillery Lane, Dundalk, Co. Louth
Respondent: No appearance or representation
Claimant case:
The claimant gave evidence to the Tribunal. She was employed as a shop assistant/ supervisor. She worked in the respondent for six and a half years and for four of those she ran the shop. In March 2010 she had an accident at work and was off work for eight weeks. She submitted medical certs to the respondent and also submitted medical expenses forms to the respondent. The respondent accountant (PC) phoned her when she had returned to work and he asked to call to see her. He called to see her, in or around September 2010. He told her that a customer complained about her that she had been rude. He did not say which customer it was or what day it was.
In January 2011 her hours were cut and some of her duties were taken from her. In October 2012 she was issued with a letter from her employer. She was told to go home and reflect on the letter. When she returned to work she was told that she was being let-go.
The claimant gave evidence as to her annual leave that she was due and that she had not been paid in lieu of notice. The claimant gave evidence as to her loss and mitigation of her loss.
Determination:
There was no appearance and no representation for or on behalf of the respondent. The Tribunal is satisfied that proper notification was sent to the respondent. On the uncontested evidence of the claimant the Tribunal finds that the claimant was unfairly dismissed without notice and was left short three days holidays.
The Tribunal award the claimant the sum of €205.20, in respect of holiday pay, under the Organisation of Working Time Act, 1997, and the sum of €1,368.00, as being four weeks gross pay as compensation in lieu of notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The Tribunal awards the claimant the sum of €10.000.00, as compensation under the Unfair Dismissals Acts, 1977 To 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)