RP894/2013, MN663/2013, WT214/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

Fiona Kavanagh                                                                                                                                                                                      RP894/2013                                                                                                                                                                            WT214/2013

                                                                                                                                    MN663/2013

against

ATEC Engineering Limited T/A Greenhouse (In Liquidation)

Under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr D. MacCarthy S C

Members:     Mr E. Handley

                    Mr D. Thomas

heard this appeal at Dublin on 13th August 2014

Representation:

Appellant:

         The appellant in person

Respondent:

         No appearance by or on behalf of the respondent

Appellant’s case:

The appellant commenced employment with the respondent on 2^nd October 2000. On 12 December 2012 the appellant went on maternity leave and was due to return to work on 10^th June 2013. However in April 2013 the appellant was told not to return to work as she was being made redundant from the end of her maternity leave. At the time of her dismissal the appellant was earning €654.65 per week.

The appellant had taken all but three days of her annual leave entitlement in 2012 and had not taken any annual leave during 2013 up to the date of her redundancy.

Determination:

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that the respondent was properly served with notice of the hearing.

The Tribunal notes that the appeal under the Redundancy Payments Acts, 1967 to 2007 was withdrawn.

Having considered the uncontested evidence adduced by the appellant the Tribunal is satisfied that she is entitled to payment in respect of fourteen days holidays and seven public holidays accrued during the period of her maternity leave. Accordingly the Tribunal awards the appellant €2,749.53 under the Organisation of Working Time Act, 1997.

The Tribunal also considered the issue of minimum notice. Section 23 of the Maternity Protection Act, 1994 sets down that any notice given during maternity leave is considered void. Therefore the Tribunal awards the appellant €3,927.90, being 6 weeks wages, under the Minimum Notice and Terms of Employment Acts, 1967 to 2007.

It should be noted that any payment made through the Social Insurance Fund is calculated based on maximum earnings of €600.00 per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)