MN430/2015

EMPLOYMENT APPEALS TRIBUNAL 

CASE NO.

MN430/2015

CLAIM(S) OF:                                                                                                         

Vanessa Boehm                                    

 - claimant                              

Against

Jacobus Badenhorst T/A Long Street Cafe

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 J. Hennessy

                     Ms H. Murphy

heard this claim at Ennis on 23rd June 2016

Representation:

Claimants(s) : In person

Respondent(s) : there was no representation by or on behalf of the respondent

The decision of the Tribunal was as follows:-

The Tribunal is satisfied that the respondent was duly notified of the hearing herein.

Summary of Evidence

The claimant was claiming payment in lieu of notice under the Minimum Notice and Terms of Employment Acts 1973 - 2005

The claimant gave uncontested evidence of working as a manager in the respondent’s café for over five months. On the 22^nd July 2015 she was dismissed without warning or notice. She had been rostered to work up to the 26^th of July. Her boss told her she would get paid for the full week. That payment has not materialised to date .Afterwards she received the equivalent of 48 hours pay into her account which was in respect of her holiday entitlements. A further payment of €530 was made to her in September 2015 but she ‘was not sure’ what it related to as there was no payslip accompanying it.

Determination

The claimant, having worked for five months with the respondent, has a statutory entitlement to one week’s notice under the Minimum Notice and Terms of Employment Acts 1973 to 2005 otherwise the Tribunal can award her one week’s pay in lieu of that notice as compensation under the Act, where the employer fails to give that notice.

Having examined the oral and written evidence the Tribunal is satisfied that on 22^nd of July the claimant was informed that her employment would come to an end on the 26^th of July. In the circumstances she received the notice required under the Act. Therefore, the claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)