EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Anna Slabodica MN156/2014
- claimant
UD389/2014
against
Shannonbridge Decorators Limited
- respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS 1973 TO 2005
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr T. O'Grady
Mr J. Flannery
heard this claim at Tullamore on 8th April 2015
Representation:
_______________
Claimant(s) : Mr Pat Barrett BL instructed by Mr David Gaffney, Sweeney, Solicitors,
Marlboro House, Marlboro Street, Cork
Respondent(s) : No appearance by or on behalf of respondent
Determination
The Tribunal is satisfied that the respondent has been served notice of the hearing at the company’s registered office in accordance with the records filed at the Companies Registration Office. Accordingly the Tribunal proceeded to hear the case.
The claimant gave evidence that she commenced working for the respondent in September 2012. She was employed as a pottery decorator. She went on maternity leave in May 2013 and returned from maternity leave in August 2013. Following her return from maternity leave, with the consent of her employer she worked from home.
She gave evidence that in February 2014 she was accused of damaging some pottery products. Her employment was terminated without any investigation being conducted and she was never given an opportunity to put forward her version of events or to state her case. Furthermore she was not given any opportunity to appeal the decision to terminate her employment.
The Tribunal is satisfied based on the claimant’s uncontested evidence that she was unfairly dismissed from her employment. No documentary evidence was put before the Tribunal to satisfy the claimant’s obligation to mitigate her loss. However the claimant gave evidence that she submitted five applications seeking employment over a fourteen month period. Taking that into account the Tribunal awards the claimant the sum of €5,000.00 under the Unfair Dismissals Acts 1977 to 2007.
The Tribunal is satisfied that the claimant received her notice entitlement and accordingly the claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 fails and is hereby dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)