UD1603/2012, MN905/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                  CASE NO.

Claire Monaghan - claimant                                                                          UD1603/2012                                                                                                                               MN905/2012

Against

Hayco Limited - respondent

Hayco Limited - respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. E. Kearney BL

Members:     Mr. W. O'Carroll

                     Ms H. Murphy

heard this claim at Galway on 11th June 2014.

Representation:

Claimant:        Mr John Nash, John Nash, Solicitor, Abbey Street, Loughrea,

                       Co Galway

Respondent:    No appearance by or on behalf of the respondent.

The determination of the Tribunal was as follows:-

Claimant’s Case:

The claimant worked as a Sales Assistant in a shop owned by the respondent company. She commenced employment on 1^st September 2010. She worked on average a thirty five hour week. In October 2011 she commenced a period of sick leave and furnished the respondent with weekly medical certificates. During her absence from the shop a co colleague was expected to carry out the claimant’s job as well as her own.

In around 6^th June 2012 the claimant was fit to resume work and contacted the respondent. She attended a meeting. She was offered a split shift, one to two hours in the morning and the same again in the evening. Nothing was furnished to her in writing. Nothing had been agreed. After that she did not hear further from the respondent despite many efforts on her part to contact the company.

In September 2013 the claimant commenced an internship and secured work in December 2013.

Respondent’s Case:

No evidence adduced as there was no appearance by the respondent.

Determination:

There was no appearance by or on behalf the respondent and the Tribunal is satisfied that the respondent’s representative was duly notified of the hearing.  

Based on the claimant’s uncontested evidence the Tribunal is satisfied that she was unfairly dismissed from her employment. Taking all the circumstances into account the Tribunal awards the claimant €12,500.00 under the Unfair Dismissals Acts, 1977 to 2007. The Tribunal also awards the claimant €350.00 being the equivalent of one week’s 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)