EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
- claimant MN715/2013
Fergus Roche T/A Fergus Roche Transport
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T O'Mahony B.L.
Members: Mr D. Hegarty
Ms S. Kelly
heard this claim at Cork on the 30th January 2015
Claimants(s) : In person
Respondent(s) : In person
The decision of the Tribunal was as follows:-
The claim before the Tribunal was for one weeks’ pay in lieu of minimum notice. The respondent has a haulage business and was contracted to collect milk products during specific times of the year. The work which the claimant was hired to carryout was seasonal and usually ended in October each year. The Tribunal heard evidence from the respondent regarding the job coming to an end in October 2013. The claimant had booked leave for one week commencing the 7 October 2013 as he was due to have a medical procedure carried out. The respondent’s transport manager telephoned the claimant on the 2 October 2013 and informed him that the job was ending and he could finish up that day in order to prepare for his hospital appointment. It was not disputed that the claimant was paid for the week off and the Tribunal heard that three payments were made on the 2 October, 11 October and 14 October 2013 which included pay in lieu of notice.
The Tribunal heard evidence that the milk contract was extended by a week but the transport manager was not aware that the claimant was available for work for the week commencing 14 October 2013.
The Tribunal is satisfied that the claimant was paid in lieu of notice and the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal