UD1275/2013, MN648/2013, WT211/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                        CASE NO.

Rachel Redmond (claimant)          

                                                                                                                             UD1275/2013                                      

                                                                                                                            MN648/2013

                                                                                                                             WT211/2013

Against

The Salon       (respondent)   

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. M. Levey B.L.

Members:     Mr F. Cunneen

                   Mr P. Trehy

heard this claim at Dublin on 26th November 2014

Representation:

_______________

Claimant(s) :              In person

Respondent(s) :          No appearance by or on behalf of the respondent

The determination of the Tribunal was as follows:

The Tribunal noted that there was no appearance by or on behalf of the respondent.

It was pointed out by the Tribunal that the entity the claimant listed as employer was not on the CRO listing and for the purpose of enforcement of an order, this could prove difficult and the claimant may need legal advice.

The Tribunal went on to consider oral evidence from the claimant. Specifically, the Tribunal heard how the claimant worked with the respondent from August, 2011 until in or around 9^th March, 2013. The claimant believed she was unfairly dismissed by the respondent as a result of a request for time off due to a family bereavement. The claimant indicated that her employer told her “if you don’t come in you don’t come back”.

The claimant was also due holiday pay and minimum notice.

This claim was not contested by virtue of the non-appearance of the respondent. Accordingly, the Tribunal is satisfied that the claimant was unfairly dismissed by the respondent and awards the claimant €8,000 under the Unfair Dismissals Acts, 1977 to 2007.

The Tribunal awards the claimant her statutory entitlement of €250, being the sum due for one week’s notice, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and also 6 weeks holiday pay totalling €1,500 under the Organisation of Working Time Act, 1997.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)