EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Milanda McCauley -claimant UD791/2014
RP420/2014
Against
Children's Point Childcare Centre Limited T/A Foylepebbles Playschool
-respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B.L.
Members: Mr. D. Morrison
Ms. R. Kerrigan
heard this claim at Letterkenny on 3rd July 2015
Representation:
_______________
Claimant: Joseph Hegarty, Ballyloskey, Carndonagh, Co Donegal
Respondent: No appearance or representation on behalf of the respondent
The claim under the Redundancy Payments Acts 1967 to 2007 was withdrawn.
Summary of Evidence
The claimant was the playschool manager for the respondent. The business was re-structured and the claimant was informed that the playschool manager position no longer existed and she was offered the role of play school leader. The claimant was on sick leave from the 3rd of October 2013. On her return on the 4th of November 2013 she was asked to sign new terms and conditions of employment for the new role. These terms and conditions were unacceptable to the claimant. The claimant was and had previously been on sick leave as a result of the respondent’s treatment of her. The respondents conduct on the 4th of November resulted in the claimant going on sick leave again.
The respondent’s conduct had such an effect of the claimant’s health that she has been unfit to work since her dismissal.
Determination
Based on the evidence heard, the unfair dismissal resulted in considerable injury to the claimant. The Tribunal find that the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and awards the claimant €1520.00 in compensation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)