EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE UD2310/2011
- Claimant MN2344/2011
against
EMPLOYER - Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AN D TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this claim at Letterkenny on 20th September 2013
Representation:
Claimant(s) :
Respondent(s) :
The determination of the Tribunal was as follows:-
Preliminary Issue:
A preliminary issue was raised by the respondent’s representative regarding the claimant’s period of employment and whether she had enough service to take claim under the Unfair Dismissals Acts, 1977 to 2007.
The claimant commenced employment on the 22nd November 2010 as a kitchen assistant. In June 2011 she left her employment as she wished to travel. A P45 issued and she was paid all outstanding monies. In September 2011 she approached the respondent asking if there was any work going. She commenced employment again with respondent in October 2011.
The claimant was scheduled to work on 12th November 2011 but did not. The claimant’s employment was terminated on the 18th November 2011.
Determination:
Having carefully considered the evidence put before the Tribunal they find as there was a break in service. As this is the case the Tribunal have no jurisdiction to hear the matter and therefore the claim under the Unfair Dismissals Acts, 1977 to 2007 is dismissed.
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
This ________________________
(Sgd.) ________________________
(CHAIRMAN)