EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Beata Chwialkowska UD1645/2013
Adam Drynda t/a Matrix Barber Shop
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony BL
Members: Mr. D. Hegarty
Ms. H. Kelleher
heard this claim in Cork on 27 March 2015
No legal or trade union representation
Mr. Anthony Shields on behalf of Mr. David Gaffney,
Sweeney Solicitors, Marlboro House, Marlboro Street, Cork
The determination of the Tribunal was as follows:-
The claimant, who speaks little English, had not applied to have an independent interpreter to facilitate at the hearing. The respondent, who had travelled to Ireland for the hearing, objected to the claim under the Unfair Dismissals Acts going ahead without an independent interpreter, but did not in the circumstances object to a preliminary issue being heard and determined.
The respondent contended that the Tribunal did not have jurisdiction to hear the claim under the Unfair Dismissals Acts as the claimant did not have one year’s service at the time her employment with him ended.
The claimant had been employed by the respondent under a fixed term contract to run from 1 August 2012 to 30 June 2013. The contract did not contain a clause excluding the application of the Unfair Dismissal Acts to the non-renewal of the contract on its expiry.
The claimant explained that 24 June 2013 had been her last day at work. She was hospitalised for two days for an operation and thereafter was certified unfit for work for two months. She was aware that her contract was to end on 30 June 2013. However, she had raised the issue of continuing in the employment with the respondent in June and he disputed her assertion that he had assured her that all would be fine following her surgery. She sent him a text in August making further enquiries about a new contract but did not receive one. The respondent issued a P45 to the claimant, stating 31 July 2013 to be the date of the cessation of the employment. He had no work for the claimant. The claimant’s evidence was that the last payment of wages to her had been in June 2013. .
The claimant’s employment ended on 30 June 2013 in accordance with the terms of her fixed term contract with the respondent. As the claimant did not have the requisite one year’s service in the employment on that date of the termination of her employment, the Tribunal does not have jurisdiction to hear the claim under the under the Unfair Dismissals Acts, 1977 to 2007. Accordingly, the claim is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal