EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Mairead Byrne – claimant UD83/2014
against
Andrea Jebb T/A Junior Genius Childcare – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Mr J. Horan
Mr A. Butler
heard this claim at Dublin on 16th January 2015
Representation:
_______________
Claimant(s): In person
Respondent(s): No appearance or representation
The determination of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the respondent. The Tribunal is satisfied that the respondent was on notice of the hearing via registered post. The Tribunal notes from the file that the respondent refused the option of the case being heard by a Rights Commissioner and on this form described herself as the owner of the respondent business. The business continues to be registered at the address above.
The claimant gave evidence that her employment commenced on 24th September 2012 and was terminated by the employer on 3rd October 2013. In March 2013 the claimant discovered that no tax or PRSI had been paid by her employer in respect of the employment to date. When the claimant queried this she was issued with a written warning stating that she was in breach of eleven policies and procedures. Nine of the breaches were dropped when she disputed the allegations but she was issued with two written warnings which she refused to accept. In August 2013 she informed the respondent that she was pregnant and asked for her tax and PRSI to be backdated so she could claim maternity benefit. She was dismissed on 26th September 2013. The employer later paid her taxes owed in February 2014.
Determination:
Based on the uncontested evidence of the claimant the Tribunal finds that she was unfairly dismissed and having regard to all the circumstances awards her €20,000 (twenty thousand euro) under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)