EMPLOYMENT APPEALS TRIBUNAL
ORGANISATION OF WORKING TIME ACT 1997
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr W. Power
Mr P. Trehy
heard this claim at Dublin on 8th October 2015
Claimants: The appellant in person.
Mr Myles Kirby, Martin V Ferris (Liquidator), Ferris & Associates, Insolvency & Corporate Services, 21 Holles Street, Dublin 2
There was no attendance by or on behalf of the respondent and the Tribunal is satisfied that the respondent and their representative were properly notified of the hearing.
The appellant commenced employment with the respondent on 5th November 2012. The respondent ceased to be the claimant’s employer in June 2014 and the claimant moved seamlessly and without interruption to become an employee of the new operator of the business (who was previously Manager of the respondent). At the point when the business changed hands the claimant contended that she was due 21 hours holiday pay and was not paid for this.
Having worked for the new owner for approximately 6 weeks the claimant decided to resign from her position.
Having considered the evidence adduced by the claimant at the hearing the Tribunal finds that the claimant never ceased employment in June 2014 but simply moved from one employer to another and retained her employment. Therefore as there was no cessation of employment there was no requirement for the claimant to be paid in respect of minimum notice and accordingly the appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 fails.
The employer who took over the business in June 2014 ought to have paid any accrued holidays to the claimant since the beginning of that leave year and therefore the claim against the respondent for holiday pay under the Organisation of Working Time Act, 1997 also fails.
Sealed with the Seal of the
Employment Appeals Tribunal