MN158/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                                CASE NO.

Maria Horan                                                                                                               MN158/2014

against

Brookfield Facilities Services Limited T/A Brookfield Hall

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr P.  Hurley

Members:     Mr. W.  O'Carroll

                     Mr F.  Dorgan

heard this claim at Limerick on 10th March 2015

Representation:

Claimants: Mr Alec Gabbett,

                  Leahy & Partners, Solicitors, Park Manor, Upper Mallow Street, Limerick

Respondent: Mr Tony Larkin,

                     Tony Larkin & Associates, Liquidator, 21 Newtown  Mews, Annacotty, Limerick

Determination:

It was common case that the appellant was dismissed without receiving statutory notice. However there was a disagreement between the parties as to when the appellant commenced employment with the respondent. On the one hand the respondent held that there were two separate periods of employment and that according to the Revenue Commissioners the latest period of employment began in October 2009. On the other hand the appellant contended that her employment began on 1^st February 2005 but gave no evidence in relation to any break in service before October 2009. Therefore in the absence of any evidence to the contrary from the appellant the Tribunal accepts that for the purposes of this appeal the appellant’s employment commenced in October 2009 and accordingly the Tribunal awards the appellant €960.00 (two weeks 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)