UD492/2014, MN212/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                 CASE NO.

Linda Boyd                                                                                                     UD492/2014

-Claimant                                                                                                        MN212/2014

against

Mark And Teresa Devaney T/A Behy Downs Ltd

-Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Dr. A. Courell B.L.

Members:        Mr. T. L. Gill

Mr. T. J. Gill

heard this claim at Castlebar on 12th February 2016

Representation:

Claimant: Ms Collette Egan, BL instructed by Ms Sinead Costello, Solicitor of Byrne, Carolan & Cunningham Solicitors, Oak House, 39/41 Mardyke Street, Athlone, Co. Westmeath

Respondent: No appearance or representation

Background:

There was no appearance for or on behalf of the Respondent. The Tribunal is satisfied that proper notification was sent to the Respondent.   The Tribunal heard the uncontested evidence of the Claimant.

Determination:

There was no appearance for or on behalf of the Respondent. The Tribunal is satisfied that proper notification was sent to the Respondent.  

Accordingly having heard the uncontested evidence of the Claimant the Tribunal makes the following Determination:

Regarding the claim under the Unfair Dismissals Acts, 1977 to 2007, this claim succeeds. In assessing loss the Tribunal are not satisfied with the Claimant’s efforts to mitigate her loss. After her dismissal the Claimant did not look for work of a similar type/ wage level to the work which she had been doing for the Respondent.

The Claimant’s employment commenced with the Respondent on 17^th March 2011. She worked full time in the Respondent hotel as a second chef and her gross weekly pay was €550.00. Her employment ended on 29^th September 2013.   The Claimant applied for work in a number of bars and restaurants in the Ballina area. On the 17^th October, 2013, she obtained part-time work in Muddy Burns, Inishcrone. She earned €250.00 less per week.   However, the claimant gave evidence that she was happy in Muddy Burns. She did not make any effort to look for work which was better paid.  The Claimant was asked about the disparity in wages in the jobs she applied for or obtained as opposed to her pay in the Respondent job and she explained that it was because that none of the places that she applied to were hotels and she “was not getting the same pay”. She was asked if she looked for work of a similar nature to her work with the Respondent whilst she was working in Muddy Burns and she replied that she did not because she “was moving”.   Ultimately, the Claimant left the Ballina area and moved to Athlone for personal reasons.

Accordingly, the Tribunal unanimously awards the Claimant the sum of €1,485.00, as compensation under the Unfair Dismissals Acts, 1977 to 2007.

The claim under the Minimum Notice and Terms Of Employment Acts, 1973 To 2005, succeeds and the Tribunal awards the Claimant the sum of €1,100.00, as compensation in lieu of notice.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)