EMPLOYMENT APPEALS TRIBUNAL
St. James's Hospital
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary BL
Members: Mr. J. Goulding
Ms. N. Greene
heard this claim in Dublin on 4 November 2016
Ms. Deirdre Canty, SIPTU, Liberty Hall, Eden Quay, Dublin 1
Mr. Peter Flood, IBEC, 84-86 Baggot St. Lr. Dublin 2
The decision of the Tribunal was as follows:-
The claimant claimed that, on termination of her employment, she was not paid all money due to her under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The respondent furnished copious documentation surrounding the claimant’s contract of employment, occupational health physician evaluations, letters regarding pension and lump sum calculations, determination of permanent infirmity and incapacity.
It was noted that there was an entitlement to notice. The respondent pointed out that the claimant had been permanently incapacitated as detailed by an occupational health service. There had been early retirement. It was accepted that the respondent had not given eight weeks’ notice. The claimant did not challenge this. The respondent argued that no compensation was due. It was claimed on behalf of the claimant that she was entitled to her statutory notice entitlement. (The Tribunal noted that employees with more than fifteen years’ service could claim eight weeks’ gross pay. Mitigation was looked at. This includes pension. However, a pension lump sum had nothing to do with minimum notice legislation.)
The respondent contended that permanent disability could be grounds to get a pension. The claimant was working to 30 August. She was examined by an occupational health physician. She would have been on the pension. The respondent was being generous to the claimant.
The Tribunal considered that the claimant was in the same health condition subsequent to 30 August as she had been prior to that date and was therefore entitled to her notice.
With regard to the verbal notice given to the claimant in August by Ms. Weston this notice should have been given to her in writing because of their knowledge of the condition of the claimant and the Tribunal decided that this was inappropriate in the circumstances. The Tribunal, therefore, awards the claimant eight weeks’ notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, less the pension of €80.00 per week – the total coming to €1,880.00 (net the weekly pay being €315.00).
Sealed with the Seal of the
Employment Appeals Tribunal