UD355/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD355/2015

CLAIM(S) OF:                                                                                                         

Maria Prince Pinto Coelho                                                           

   (claimant)                            

against

Daragh Minogue Limited T/A Fashion Retail

  (respondent)

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. T. Ryan

Members:     Mr T. O'Grady

                     Mr T. Brady

heard this claim at Dublin on 27th October 2016

Representation:

_______________

Claimant(s) :                In person        

Respondent(s) :           Ms Michelle Moran, Richard Grogan & Associates, 16-17 College Green, Dublin 2

The determination of the Tribunal was as follows:

Preliminary issue

The respondent raised a preliminary issue seeking that the claim be dismissed as the claimant did not have the required twelve months continuous service. According to the respondent, the claimant commenced just after 30^th March 2014 and her employment was terminated with one week’s notice on 11^th February 2015 , bringing the termination date to 18^th February 2015. The respondent’s records show that the first cheque was issued to the claimant dated 17^th April 2014.

The claimant told the Tribunal that she commenced her employment on 16^th February 2014 and worked until her motor bike accident in November 2014. She was dismissed from her employment on 16^th February 2015. The claimant could not remember what particular days she worked as she was in college at the time. She indicated that she was paid by cash and had no evidence that she started with the employer in February 2014. The claimant stated that between 16^th February 2014 and 30^th March 2015 she worked after college and at the weekends, not every day but on a regular basis. She was paid at the end of each day in cash.

Determination

Having heard the evidence, the Tribunal is satisfied that the claimant does not have the required continuous service under Section 2 (1) (a) of the Unfair Dismissals Act 1977. No evidence was forthcoming from the claimant to show that she had commenced her employment as stated in February 2014. Accordingly, the Tribunal does not have the jurisdiction to hear this claim.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)