EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee appellant UD1759/2012
against the recommendation of the Rights Commissioner in the case of:
Employee - appellant
against
Employer - respondent
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr F. Cunneen
Mr N. Dowling
heard this appeal at Dublin on 3rd February 2014
Representation:
____________
Appellant(s): The appellant in person
Respondent(s): No attendance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an employee appealing against the recommendation of the Rights Commissioner reference number r-121589-ud-12/JC dated 10 October 2012.
Determination
The appellant commenced employment with the respondent on 1st February 2008 and she earned €140.00 per week. This was reduced to €137.00 per week on the 20 October 2011. Her employment ended on the 26 March 2012.
In the lead up to her dismissal she worked long hours and had no time off. On the 24 March 2012 she received a letter from the respondent in her work place whereby she was informed that her hours of work were being changed from 8p.m. to 10p.m. These hours were not suitable for her. She previously worked from 7p.m to 9p.m. Her employer was very flexible up to that point and once her work was completed she could leave. She endeavoured to contact the respondent to discuss the matter but she did not receive a response from him. Her employer left her with no other avenue but to submit her resignation as the notice he gave her was too short.
On the uncontroverted evidence of the appellant the Tribunal finds that she was unfairly dismissed. The Tribunal awards the appellant compensation of €1,800.00 and upholds the recommendation of the Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)