EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD636/2014
CLAIM OF:
Aoife Kerr
- claimant
Against
Ardee Service Station Limited
- respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr. B. Kealy
Mr T. Brady
heard this claim at Dublin on 4th June 2015.
Representation:
Claimant: Mr. Aaron Shearer BL, instructed by Mr. Frank McDonnell, Ahern & McDonnell, Solicitors, Roden Place, Dundalk, Co Louth
Respondent: No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Claimant’s Case:
The claimant was employed as a Shop Assistant and commenced employment on 24th August 2012. She worked 16 hrs shift work at weekends. Shift hours at week ends were 7 am to 3 pm and 3 pm to 10 pm. The claimant was paid €8.50 per hour.
NG, Manager assigned her hours of work to her. She usually contacted him on a Thursday to know what shift she was working at the weekend.
On Sunday, 13th October 2013 she applied for annual leave for the following Sunday. She was told there was no problem with this application.
She was unable to contact the respondent to enquire what shift she was required to work the following Saturday. She presumed she was not required to work that day.
While she was in town on Saturday, 19th October 2013 she received a telephone call from ND who enquired where she was as she was supposed to be at work. Before the claimant could respond NG told her she was finished and not to bother returning to work.
On 24th October 2013 the claimant wrote to the respondent asking for her P45, P60, her wages in lieu of notice and a payment in lieu of holidays. She also asked to be reimbursed with €60.00 which had been deducted from her wages because of a ‘drive off’. She sent this letter by registered post and delivery of the post was refused by the respondent.
Following the termination of the claimant’s employment on 19th October 2013 she was in receipt of a job seekers allowance until September 2014 when she commenced a beautician course. This course concluded in February 2015. She then secured alternative work for a two month period.
Respondent’s Case:
No evidence adduced as there was no appearance by the respondent.
Determination:
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that the respondent was duly notified of the hearing.
Based on the uncontested evidence of the claimant the Tribunal is satisfied that she was unfairly dismissed and awards her €12,250.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)