MN766/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                       CASE NO.

Joanna Rybka

 (appellant)                                                                                                           MN766/2013

Against

Rathcreedan Limited

 (respondent)

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr. T.  Ryan

Members:     Mr D.  Moore

                     Mr. S.  O'Donnell

heard this claim at Dublin on 30th January 2015

Representation:

_______________

Claimants(s) :             In person

Respondent(s) :          In person

The decision of the Tribunal was as follows:

The claimant told the Tribunal that she went on holidays from 5^th – 26^th August, 2013.  On 21^st August, 2013 the claimant switched on her Irish mobile phone from Poland and saw a text message sent on 19^th August from the respondent stating that the restaurant was closing down on 23^rd August, 2013.  On 26^th August the claimant asked the respondent about her one week’s notice entitlement. The respondent indicated that after seeking advice on the matter, the claimant’s holiday leave ran concurrently with the minimum notice period.   Therefore, according to the respondent, the claimant was not entitled to a minimum notice payment.

Based on the evidence adduced, the Tribunal awards the claimant her statutory entitlement of €480, being the sum due for one week’s notice, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. 

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)