WT161/2013, MN451/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                         CASE NO.

Viktorija Strode                                                                                                  WT161/2013

                                                                                                                           MN451/2013

against

Lyncon Properties Limited T/A Cross Street Bistro

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms M. McAveety

Members:     Mr M. Carr

                   Mr J. Flannery

heard this claim at Cavan on 9th January 2015

Representation:

_______________

Claimants:         In person

Respondent:     Mr M Lynch

Determination:

Having carefully considered the conflicting positions of employer and employee, the Tribunal satisfied itself that the claimant’s employment ended at the end of May 2012. Her claim was received by the Tribunal on 27^th June 2013. The respondent’s representative told the Tribunal that the respondent is no longer trading but that meetings were held with staff in advance of the closure of the business.

The Tribunal is not satisfied that any clear and unequivocal notice was given to the claimant and that onus was not discharged by the respondent. Therefore the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 succeeds and the Tribunal awards the claimant the sum of €250.00 this being one weeks’ gross pay as compensation in lieu of notice.

The Tribunal has no jurisdiction to hear the claim under the Organisation of Working Time Act, 1997 as it is outside of the time frame allowed to take such a claim.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)