EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
MN91/2015
WT1/2016
CLAIM(S) OF:
Victoria McGowan
against
The Barbershop At Sharrons Hair And Beauty T/A Hair Beauty And Barbering
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. A. Courell BL
Members: Mr. D. Morrison
Ms. A. Moore
heard this case in Letterkenny on 16 June 2016
Representation:
_______________
Claimants(s):
No legal or trade union representation
Respondent(s):
No legal representation
The decision of the Tribunal was as follows:-
The claimant brought a claim in respect of “pay and notice” mentioning written terms and conditions, holiday pay (including bank holidays) and minimum notice.
Claims in respect of contracts could only come to the Tribunal on appeal from the decision of a Rights Commissioner but a holiday claim can come with another claim such as a notice claim.
Asked at the Tribunal hearing about the claimant’s holiday-related allegations, the respondent said that its attendance was to meet the minimum notice claim and that the claimant did not have the required thirteen weeks’ service.
The claimant did not provide dates to establish that she had thirteen weeks’ service and said that she herself had informed the respondent that she was leaving when she became “fed up” working for the respondent.
Preliminary Determination (Minimum Notice Only):
The Tribunal is satisfied that the claimant’s holiday claims are properly before the Tribunal for determination and will notify the parties in due course of a related hearing.
In respect of the minimum notice claim part of this case the Tribunal finds that the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fails both because it was not established that the claimant had a full thirteen weeks’ service with the respondent and because it was the claimant herself who brought her employment to an end rather than the respondent ending it with insufficient notice.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)