EMPLOYMENT APPEALS TRIBUNAL
Maria Prince Pinto Coelho
Daragh Minogue Limited T/A Fashion Retail
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr T. O'Grady
Mr T. Brady
heard this claim at Dublin on 27th October 2016
Claimant(s) : In person
Respondent(s) : Ms Michelle Moran, Richard Grogan & Associates, 16-17 College Green, Dublin 2
The determination of the Tribunal was as follows:
The respondent raised a preliminary issue seeking that the claim be dismissed as the claimant did not have the required twelve months continuous service. According to the respondent, the claimant commenced just after 30th March 2014 and her employment was terminated with one week’s notice on 11th February 2015 , bringing the termination date to 18th February 2015. The respondent’s records show that the first cheque was issued to the claimant dated 17th April 2014.
The claimant told the Tribunal that she commenced her employment on 16th February 2014 and worked until her motor bike accident in November 2014. She was dismissed from her employment on 16th February 2015. The claimant could not remember what particular days she worked as she was in college at the time. She indicated that she was paid by cash and had no evidence that she started with the employer in February 2014. The claimant stated that between 16th February 2014 and 30th March 2015 she worked after college and at the weekends, not every day but on a regular basis. She was paid at the end of each day in cash.
Having heard the evidence, the Tribunal is satisfied that the claimant does not have the required continuous service under Section 2 (1) (a) of the Unfair Dismissals Act 1977. No evidence was forthcoming from the claimant to show that she had commenced her employment as stated in February 2014. Accordingly, the Tribunal does not have the jurisdiction to hear this claim.
Sealed with the Seal of the
Employment Appeals Tribunal