MN499/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

EMPLOYEE – claimant 1                                                                             MN497/2012

EMPLOYEE – claimant 2                                                                             MN498/2012

EMPLOYEE – claimant 3                                                                             MN499/2012

Against

EMPLOYER – respondent

EMPLOYER – respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms. E.  Coughlan

Members:        Mr D.  Peakin

Ms. E.  Brezina

heard this claim at Dublin on 11th July 2013

Representation:

_______________

Claimants(s):               In person

Respondent(s):            Company Director

The decision of the Tribunal was as follows:-

Background:

The managing director of the respondent company gave evidence that he received notification that he had lost a large client contract on 15th September 2011.  The claimants’ employment ceased without notice on 16^th September 2011.  The claimants later received a statutory redundancy payment.  The respondent argued that it suited the claimants to have their employment end quickly as they wished to tender for the lost contract, which they won and officially commenced working under on 1^st November 2011.  The claimants were not asked to and did not waive their entitlement to notice.  The claimants did not receive payslips and gave evidence in regard to their weekly pay.

Determination:

Having heard all of the evidence the Tribunal finds that the claimants were entitled to notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Claimant 1:

Start date: 8^th October 2006

End date: 16^th September 2011

Weekly Gross Pay: €520.00

The Tribunal awards the claimant €1040.00 (one thousand and forty Euro) in respect of 2 weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Claimant 2:

Start Date: 6^th September 1996

End Date: 16^th September 2011

Weekly Gross Pay: €720.00

The Tribunal awards the claimant €4320.00 (four thousand three hundred and twenty Euro) in respect of 6 weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.  The claimant had an entitlement to 8 weeks’ notice but commenced alternative employment 6 weeks’ after his dismissal.

Claimant 3:

Start Date: 1^st October 2002

End Date: 16^th September 2011

Weekly Gross Pay: €620.00

The Tribunal awards the claimant €2480.00 (two thousand four hundred and eighty Euro) in respect of 4 weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)