MN852/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

Sandrelija Valasiniene – claimant                                                                  MN852/2014

against

Lina Stakanskiene – respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Mr D. Hayes BL

Members:        Mr F. Cunneen

                        Mr J. Flannery

heard this claim at Dublin on 5th February 2016

Representation:

_______________

Claimants(s):               In person

Respondent(s):            Mr David O'Riordan

Sherwin O'Riordan, Solicitors, 74 Pembroke Road, Ballsbridge, Dublin 4

The decision of the Tribunal was as follows:-

The claimant was employed by the respondent from 3^rd June 2014 until 3^rd December 2014. The claimant gave evidence that on 1^st December 2014 she saw on the new roster that she had only been scheduled to work on 1^st, 2^nd & 3^rd of December. She queried this with her employer who said that her contract was ceasing and that she was not required to give notice. The claimant referred to the company handbook which stated that if an employee was on probation one week’s notice was required.

The respondent disputed that the claimant was on probation. Her contract, which she had signed, stated that her employment commenced on 3^rd June 2014 and in brackets following that stated ‘terminates after 6 months’. The respondent gave evidence that she hired the claimant for a six month period to cover other employees taking annual leave. She had similarly hired a person in 2015 for the same purpose. She had discussed with the claimant the possibility of her finding work closer to her home in Navan. Minor disciplinary issues in September had no bearing on the termination and it was simply the end of the contract.

Determination:

The Tribunal is satisfied that the claimant was employed under a fixed term contract for a period of six months which was express in the contract. Her dismissal came about specifically due to the termination of a fixed term contract and no notice applies.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)