EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD840/2014
CLAIM(S) OF:
Aurizete Silva -claimant
against
Soljet (Ireland) Limited T/A The Med Bar - respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Hennessy
Ms S. Kelly
heard this claim at Carlow on 10th April 2015
Representation:
Claimant: In person
Respondent: A director of the company
Summary:
A translator was present at the hearing.
The claim before the Tribunal was one of constructive dismissal.
The claimant was employed as a cleaner in a bar operated by the respondent company. The claimant worked 21 hours per week and was paid a weekly rate of €200. It was the claimant’s evidence that she did not have any issues with her colleagues.
A director of the company gave evidence that he was informed by another employee in January 2014 that the claimant was departing the employment to move elsewhere. He stated that it was commonly known from that time that the claimant was due to finish in the employment on 25 January 2014. The claimant disputed in her evidence that she had left the employment due to moving elsewhere. The last day the claimant attended for work was on 24 January 2014 as she did not attend for work the following day.
It was common case between the parties that the claimant attended at the workplace on 27 January 2014 seeking payment of wages owing for January. The director stated that he ignored her request as her work performance had deteriorated in the last few days. The claimant subsequently lodged a claim under the Payment of Wages Act. The director attended the hearing for that claim but the claimant failed to appear.
It was the claimant’s case that she was also due wages for two historical periods during the employment. This was disputed by the director who stated that the only time the claimant was not paid was in January 2014.
Determination:
The claimant in this case has failed to discharge the burden for a claim of constructive dismissal. There was no evidence presented to the Tribunal of unfair treatment and accordingly the claim under the Unfair Dismissals Acts, 1977 to 2007, must fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)