EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE, MN2085/2011
against
EMPLOYER
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Hayes BL
Members: Mr. A. O'Mara
Mr. J. Dorney
heard this claim in Dublin on 12 July 2013
Representation:
_______________
Claimants(s):
No legal or trade union representation
Respondent(s):
No legal representation listed
The decision of the Tribunal was as follows:-
A minimum notice claim was brought in respect of the employment of a post office assistant which began on 3 October 2001. However, after two violent attacks on the post office when the claimant had been on duty she went on sick leave and began to send medical certificates. On 19 October 2011 the claimant became aware that she had no job to go back to and she lodged a minimum notice claim with the Tribunal.
The respondent did not dispute that the claimant had been on duty when violent robbery attempts had been made. However, the respondent said that she had commenced providing the post office service from a new, safer location on Monday 26 September 2011 but that on Wednesday 28 September 2011 she handed over the running of the post office service to the state agency which in turn facilitated taking over of the running of the post office service by a new postmistress (TX) the following week. However, the respondent did not allege that she had written to the claimant to inform her of what was happening or that she had taken any steps to ensure that the claimant’s employment would be transferred such that she could return to her job albeit at a new (and safer) location with a new postmistress. The new postmistress made her own staffing arrangements and did not know the claimant.
Determination:
Given that the Tribunal was not satisfied that any thought had been given to maintaining the claimant’s employment when the post office business changed premises and management, the Tribunal is unanimous in allowing the claimant’s claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, and awarding the claimant the sum of €2,880.00 (this amount being equivalent to six weeks’ gross pay at €480.00 per week) under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)