EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Darren Glennon- claimant MN275/2014
Against
Kevin Collins T/A Molaga Honey
- respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T O'Mahony B.L.
Members: Mr D. Hegarty
Mr J. Flavin
heard this claim at Cork on 2nd July 2015
Representation:
Claimants(s) : In person
Respondent(s) : In person
The decision of the Tribunal was as follows:-
Summary of Evidence
The claimant gave evidence of commencing his employment with the respondent on the 2 September 2013. He worked in the role of van delivery and sales. He called to various food stores nationwide selling food products produced by the respondent.
Following an accident on the 17 March 2014 he contacted the respondent to inform him that he was on sick leave. The respondent was unhappy and told him that he could not afford to have the van off the road. The claimant returned to work on the 24 March 2014. The respondent contacted the claimant by telephone that day looking for an update on sales. The respondent informed him that he was changing his pay to a commission based rate as well as changing his hours. Having got advice on the proposed changes to his terms and conditions, the claimant contacted the respondent and informed him that he could not change the terms and conditions without consultation. The respondent’s reaction was that he could not pay him and asked him to park up the van.
The respondent denied the latter assertion. His position was that he told the claimant that he could not pay him if there were no sales and that sales needed to rise. He had spoken to the claimant on 14 January 2014 about the need to increase sales.
Determination
Having considered the evidence on the issue in dispute, the Tribunal accepts on the balance of probability that the claimant was dismissed on 24 March 2014 without prior notice. Accordingly, the Tribunal awards the claimant the sum of €350.00 in lieu of one weeks’ notice under Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)