EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Iwona Pietruszkiewicz -claimant 1
MN462/2012
Declan Flynn -claimant 2
MN466/2012
against
West County Hotel -respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Ms M. Sweeney
Mr J. Flavin
heard this claim at Limerick on 13th November 2013 and 5th February 2014
Representation:
Claimant 1: In person
Claimant 2: No appearance or representation on behalf of the claimant.
Respondent: The company which owned this business entered into liquidation effective 25th June 2013.
Background:
The claimants also brought other claims against other entities (under references: RP439/2012, and MN464/2012.)
Claimant 1 gave evidence to the Tribunal that she received a P45 at the end of January 2011 from one entity and was informed that her employment had transferred but it became confusing for her to ascertain to what entity her employment had transferred to. However, other details of her employment remained unchanged and she continued to perform the same role after the 1 February 2011.
Determination:
There was no appearance or representation at the hearing by Claimant 2. The Tribunal dismisses the claim under the Minimum Notice and Terms of Employments Acts, 1973 to 2005, for want of prosecution in relation to Claimant 2.
The Tribunal finds that Claimant 1 did not suffer a break in service due to the continuity of her employment. The Tribunal therefore must dismiss the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)