EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
MN912/2012
EMPLOYEE - claimant
against
EMPLOYER - respondent
under
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. A. O'Mara
Mr C. Ryan
heard this claim at Dublin on 24th January 2014
Representation:
____________
Claimants(s):
Mr. Colm Dunne, Bowler Geraghty & Company, Solicitors,
2 Lower Ormond Quay, Dublin 1
Respondent(s):
The respondent’s wife
The decision of the Tribunal was as follows:-
Determination
There was a dispute between the parties regarding the claimant’s gross weekly wage. The claimant commenced employment on the 9 January 2012 and he was dismissed on the 18 August 2012. He was not given a contract of employment and payslips. He received a weekly cash payment of €504.00 and he was told to sort out his PRSI and Tax.
He was required to leave the takings for the day in safe in the shop. He distributed the wages to the employees and the owner told him how much to pay each employee. He did not deduct Tax/PRSI on behalf of the employees. He repeatedly asked for payslips. When his employment ceased on the 18 August 2012 he did not receive a notice payment.
The Tribunal finds that the claimant is entitled to one weeks’ gross pay in lieu of notice in the amount of €504.00 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)