MN477/2015

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                  CASE NO.

Keith Francis Rossiter             -claimant

                                                                                                       MN477/2015

against

John Bolger                             -respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. N. Russell

Members:     Mr. J. Browne

Mr. F. Dorgan

heard this claim at Waterford on 31st August 2016

Representation:

Claimant:         Mr. Diarmuid Enright, UCATT, 56 Parnell Square West, Dublin 1

Respondent:    In person

Background:

The claimant submitted that he was employed by the respondent from the 1^st June 2013 to the 30^th June 2015. He was summarily dismissed from his employment on the 30^th June 2015 and was seeking his minimum notice entitlement based on his length of service.

It was the respondent’s case that the working relationship was only temporary in nature. The claimant did not have a contract of employment.

The respondent stated that the claimant did not have continuous service due to a period of two weeks in 2015 when he was unable to offer work to the claimant and due to one week in 2014 when the claimant was absent from work without authorisation. The respondent also submitted that the claimant was not entitled to notice as he was dismissed by reason of gross misconduct.

Determination:

The Tribunal is satisfied that the claimant is entitled to the sum of €1,592.10 (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)