MN805/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

Sylwia Matijuk- claimant

                                                                                                                    MN805/2014

against

Clontarf Castle Limited T/A Clontarf Castle Hotel – respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms. M. Levey B.L.

Members:       Mr J. Goulding

Mr F. Keoghan

heard this claim at Dublin on 8th January 2016

Representation:

_______________

Claimants(s):              Mr Blazej Nowak

107 Amiens Street, Dublin 1

Respondent(s):           Ms Catriona Forsyth

IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2

The decision of the Tribunal was as follows:-

The claimant was employed by the respondent from 19^th June 2014 until her dismissal on 7^th November 2014. The respondent paid the claimant two weeks pay in lieu of notice. The claimant’s representative argued that the employer did not have the contractual right to pay the claimant in lieu of notice and reached section 11 of the Act. He quoted the UK High Court case of William Hill Organisation Ltd v Tucker. The claimant’s representative conceded that it did not appear that compensation could be awarded for a breach of this section.

The respondent submitted that the payment in lieu of notice was provided for in the handbook which the claimant received and signed for..

Determination:

The Tribunal finds that this claim fails. The company handbook, which the claimant signed for, provides for payment in lieu of notice.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)