UD912/2014, MN395/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD912/2014

MN395/2015

CLAIM(S) OF:                                                                                                  

Xiaoyan Wang                                             

(claimant)                                 

Against

Huayong Xie

(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:    Mr. P.  O'Leary B L

Members:     Mr M.  Noone

                     Ms. E.  Brezina

heard this claim at Dublin on 4th November 2015

Representation:

_______________

Claimant(s) :                In person

Respondent(s) :           No appearance by or on behalf of respondent

The determination of the Tribunal was as follows:

The Tribunal noted that there was no appearance by or on behalf of the respondent, who operates a Chinese restaurant.  The claimant commenced employment on 1^st March, 2012 and told the Tribunal that on 5^th March, 2014 the respondent mentioned that the business was not doing well.  On 9^th March 2014 when the claimant was finished her shift, the respondent paid her wages and told her she was dismissed with immediate effect.   She did not receive her minimum notice entitlement of two weeks.  

The claimant gave evidence of loss and her efforts to mitigate her loss.

Determination

Based on the uncontested evidence, the Tribunal awards the claimant €3,350 under the Unfair Dismissals Acts, 1977 to 2007 and €606.50 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)