MN492/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                             CASE NO.

Michael Nolan                        -claimant

                                                                                                                  MN492/2014

against

Pat Lee Electrical Pumps And Engineering Limited            -respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. N. Russell

Members:     Mr. J. Hennessy

Mr. F. Dorgan

heard this claim at Carlow on 25th August 2015

Representation:

Claimant:        Mr. Simon McElwee, Joseph P. Farrell, Solicitors,

No 1 Maryborough Street, Graiguecullen, Carlow

Respondent:    A director of the company and the company accountant.

Summary of evidence:

The claim before the Tribunal was for one week’s minimum notice. The Tribunal heard evidence from both parties. It was common case between the parties that the claimant commenced his employment with the respondent company in August 2013 and that he suffered an injury at work on 30^th January 2014. The claimant was paid by the company while he was on sick leave. In April 2014, during the sick leave period, the claimant was contacted by the director of the company and informed that his employment was being terminated. It was the evidence of the director of the respondent company that he had to terminate the employment of the claimant and one of his colleagues in April 2014, as the company could no longer afford to pay their wages. An existing employee continued to carry out the claimant’s duties.

The claimant confirmed to the Tribunal that he continued to suffer with the work-related injury until June 2014. During cross-examination he stated that he did not work elsewhere during the time that he was paid by the respondent company while absent on sick leave.

Determination:

The Second Schedule of the Minimum Notice and Terms of Employment Acts, 1973 to 2005, states:

2.(a) (i) An employee shall be paid by his employer in respect of any time during his normal working hours when he is ready and willing to work but no work is provided for him by his employer. 

It was the evidence of the claimant that he was not fit to work until June 2014. Accordingly, the claimant is not entitled to payment in lieu of notice during April 2014. The Tribunal, for these reasons, must dismiss the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)