EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Marek Mikes TE94/2012
PW180/2012 TU27/2012
against the recommendation of the Rights Commissioner in the case of:
Castlebar Card Club
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
PAYMENT OF WAGES ACT, 1991
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. M. Gilvarry
Members: Mr. D. Morrison
Mr. T. Gill
heard this appeal at Castlebar on 31st January 2014
Representation:
Appellant:
Mr Michael Kilcoyne, Mayo County Councillor, 9 Turlough Road, Castlebar, Co Mayo
Respondent:
No appearance by or on behalf of the respondent
This case came to the Tribunal by way of appeals by the employee against the decisions of the Rights Commissioner Ref: r-112188-te-11/SR, Ref: r-112190-pw-11/SR and Ref: r-112182-tu-11/SR.
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.
Claimant’s case:
The claimant was employed by the respondent from 28th June 2010 until 28th July 2011. During this time the claimant never received any holiday pay or extra payment/time off in lieu for public holidays.
Despite asking for a contract of employment on several occasions the claimant never received one.
On the day his employment ceased a person purporting to be the new owner told the claimant that he was no longer required to work for the business and let him go.
Determination
Having considered the uncontested evidence of the claimant the Tribunal makes the following findings and awards.
The respondent was in breach of the Terms of Employment (Information) Act 1994 and 2001 insofar as they did not supply the claimant with written terms and conditions of employment. Therefore the Tribunal awards the claimant €2,600.00 under these Acts.
The claimant was not paid his statutory holiday/public holiday entitlements and therefore the respondent was in breach of the Payment of Wages Act, 1991. Accordingly the Tribunal awards the claimant €4,030.00 under this Act.
There was insufficient evidence adduced in respect of the claim under the Protection of Employees on Transfer of Undertakings Regulations 2003 and therefore the claim under these regulations is dismissed for want of prosecution.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)