EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD1731/2013
MN798/2013
CLAIM(S) OF:
Karen Murray – claimant
Against
RM Tobin Training Limited – In Liquidation
T/A Embody College & Wellness Centre - 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 J. McGovern B.L.
Members: Mr. J. O'Neill
Mr F. Keoghan
heard this claim at Dublin on 11th February 2015
Representation:
_______________
Claimant(s) : Mr Gareth Kyne, Oengus Lodge, Newgrange, Slane, Co Meath
Respondent(s) : No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that all parties including the liquidator and the receiver of the respondent company were on notice of the hearing. There was no appearance by or on behalf of the respondent. The claimant commenced employment in August 2012 with the respondent company initially in the role of beauty therapist with regular hours. After a few months things began to deteriorate. It became routine that the claimant was given short notice of her reduced hours of work. By April and May 2013 huge pressure and emphasis was put on sales targets and with the claimant’s hours reduced significantly it became increasingly difficult to meet targets. On 26 October 2013 she raised a formal grievance following threats of pay cuts if she failed to meet sales targets. On the 2 November 2013 she was told not to come in as they did not want her causing stress for customers. The claimant was dismissed from her employment by email dated 15 November 2013 without any warning or any grievance meeting. No appeal was offered to the claimant.
Based on the uncontested evidence of the claimant the Tribunal find the claimant was unfairly dismissed. The Tribunal awards the claimant €29,000.00 compensation under the Unfair Dismissals Acts, 1977 to 2007. The Tribunal further award the claimant €286.00 in lieu of one week’s minimum notice under the Minimum Notice and Terms of Employment Acts 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)