EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
MN206/2015
CLAIM(S) OF:
Jofre James Arias
- claimant
against
Susan Cheung c/o Corner House Chinese Restaurant & Take Away
- 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
Ms. P. Doyle
heard this claim at Killarney on 21st April 2016
Representation:
Claimants(s) :In person
Respondent(s) : In person
Summary of Evidence:
The claimant commenced employment with the previous owner of the business in 2012 and continued in the employment when the business was transferred to the respondent in July 2014. It was common case that the claimant became sick on the night of 14 February 2015 and asked to go home. There was a dispute as to the respondent’s response.
Determination:
Having considered the evidence the Tribunal, on the balance of probability, accepts the claimant’s evidence that he was dismissed without notice by the respondent’s partner on the night of 14 February when he was told he was fired. Accordingly, the Tribunal awards the claimant compensation in the amount of €700.00, being the equivalent of two weeks’ pay in lieu of notice, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)