EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Sylwia Czorniczek UD980/2013
- Claimant MN485/2013
against
KBM Medics Limited
- Respondent
Lingfield Limited (In Liquidation)
- Respondent
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. P. McGrath B.L.
Members: Mr. B. Kealy
Mr. P. Trehy
heard this claim at Dublin on 20th August 2014
Representation:
Claimant: Ms. C. McGrady BL instructed by:
McGrady Sweeney & Co., Solicitors, 28, Drogheda Street, Balbriggan, Co Dublin
Respondent: Not Present Or Represented
The determination of the Tribunal was as follows:-
Background:
The claimant gave uncontested sworn evidence of her employment history and all communications with the respondent company.
The Tribunal were satisfied that the respondents were notified of the date, time and venue for the hearing of these claims on the 20th august 2014.
Determination:
The Tribunal has considered the oral evidence given by the Claimant. The Claimant was not cross examined as there was no appearance on behalf of the companies, known as L Ltd. and KMB M Ltd.
The Claimant’s claim is one for unfair dismissal arising out of her employment with KBM M Ltd. as a receptionist at their Skerries office which said employment commenced in November 2010.
In December 2011 the Claimant went on maternity leave which said leave lasted 10 months. When a period of unpaid leave and annual leave was also taken into account the Claimant was due to return to work in the middle of October 2012.
As it happens the Claimant was expecting a second baby by the time her maternity leave had ended and the pregnancy was a difficult one and the Claimant had to stay out on unpaid sick leave.
The Claimant submitted her medical sick certificates for the period of time until the end of March 2013 at which time the Claimant was safely delivered of her second child.
It is noted that the Claimant had had to engage in a services of the Workplace Resolution Body to ensure she received the holiday pay due and owing to her. The parties agreed to the mediation and the matter was resolved.
The Tribunal can see no evidence to support the contention (made in Solicitors letters) that this mediation was entered into for the purpose of dissolving the employer / employee relationship and their contractual relationship continued right up to the birth of the second baby in March and beyond. There was no question of any redundancy being made and no P45 was ever issued.
However, when the Claimant had contacted her employer in January 2013 seeking assistance in filling out the maternity benefit form the employer made the case that the employment had terminated the previous September a fact of which the Claimant had no knowledge and no notification was ever given to her.
The Respondent company has not resiled from its position and the Tribunal is unanimous in its view that the purported termination was unfair in all the circumstances.
Arising out of the unfair dismissal the Claimant lost out on her maternity benefit which said benefit would have been payable had her employer recognised the ongoing employment contract. This loss therefore quantifies as financial loss attributable to the dismissal per Section 7 of the 1977 Act.
In light of all of the above the Tribunal deems it appropriate to compensate the Claimant in the amount of 36 weeks of remuneration calculated at gross figure of €255.00 per week.
The Tribunal also awards the sum of €510.00, this being two weeks gross wages, under the Minimum Notice and Terms of Employment acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)