EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Anthony Kenny MN373/2012
against
Noonan Services Group Limited
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. Behan BL
Members: Mr. T.L. Gill
Mr. F. Dorgan
heard this case in Limerick on 23 September 2014
Representation:
_______________
Claimants(s):
Mr Gerard Kennedy, S.I.P.T.U.,
Liberty Hall, Eden Quay, Dublin 1
Respondent(s):
Mr. John Barry, M.S.S.,
The Courtyard, Hill Street, Dublin 2
The decision of the Tribunal was as follows:-
The decision of the Tribunal was as follows:-
The Tribunal heard sworn testimony from the Claimant and further from a HR Specialist on behalf of the Respondent. The Tribunal further considered documentation furnished.
The Claimant was dismissed on the 4th November 2011. Correspondence was issued to him on the 23rd November 2011 in which it was outlined that it would be open to him to apply for a general cleaning job. The Respondent has relied upon this letter as constituting an offer of alternative employment. However the Tribunal finds that this letter was insufficiently clear. It did not outline the terms of the offer and was couched in terms of the Claimant having to apply for a position. The Tribunal does not regard this as being a concrete offer in all of the circumstances.
The Claimant obtained new employment elsewhere in March 2012.
The Tribunal finds that the Claimant was entitled to minimum notice in the sum of €4,320.00. This is the sum equivalent to eight weeks gross pay at €540.00 per week under the minimum terms of the Notice of Employments Act 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Signed.) Sinéad Behan, B.L.
_____________________________
(CHAIRMAN)