EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
James Shelbourne – claimant MN869/2012
WT58/2014
Against
John Lenehan – respondent
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: Mr P. O'Leary BL
Members: Mr P. Pierson
Mr T. Brady
heard this claim at Trim on 5th March 2014
Representation:
_______________
Claimants(s): In person
Respondent(s): In person
The decision of the Tribunal was as follows:-
The claimant was employed as a lorry driver by the respondent from May 2006 until August 2012. The business ceased operating on 3rd August 2012. He contended that he did not receive any notice of termination and that he was due outstanding holiday pay. He took four days’ annual leave in 2012.
The respondent disputed the amount of notice due as the claimant had served him with two weeks’ notice in 2010. On the Friday he was due to finish they discussed the matter and it was agreed that he would continue in the job, which he did the following Monday. The respondent contended that this represented a break in the claimant’s service. The respondent was unaware what holiday entitlement had been paid as he had sent the employees to deal directly with his accountant. The claimant stated that he had gone to the accountant’s office to sign a RP77 form.
Determination:
The Tribunal finds that there was no break in service in 2010. The claimant rescinded his notice and the respondent accepted it. The employment is deemed to have been continuous and accordingly the Tribunal awards the claimant €1720.00 (one thousand seven hundred and twenty euro) in respect of four weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The Tribunal awards €653.60 in respect of 7.6 days holiday leave outstanding under the Organisation of Working Time Act 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)