EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD888/2015
CLAIM OF:
Birute Mazeleine
-claimant
Against
DT Hospitality Limited
-respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr R. Murphy
Ms M. Maher
heard this claim at Dublin on 14th July 2016
Representation:
_______________
Claimant: Mr. Jack Tchrakian B.L. instructed by Robinson O'Neill, Solicitors, 120 Pembroke Road, Dublin 4
Respondent: No appearance or representation at the hearing
Claimant’s Case
The claimant commenced employment on the 9th of December 2003. She worked as a housekeeper for the respondent, a small hotel. In December 2013 the claimant gave her employer a medical certificate from her GP and surgeon stating she was only fit for light work duties. In 2014 the claimant went on sick leave and did not return to her employment. By letter dated the 11th of September 2014 the respondent confirmed that the claimant was not in receipt of any sick pay. The claimant was issued with her P45 on the 2nd of July 2015; it had been back dated to give her a cessation date of the 30th of June 2014.
Determination
The Tribunal has carefully considered the evidence adduced. The claimant had been working in the respondent company, a small hotel since 2003. In May 2014 the claimant went out on long-term sick leave and was unable to work. The claimant was in receipt of disability benefit as her place of work had no sick pay scheme in operation. The employer and employee did not appear to discuss the long term implication of the absence, though the employee understood that her job would still be there and she submitted sick certifications for a period.
Some 12 months later the Social Welfare office sought a letter from the employer to confirm the last day the claimant had worked or a P45. These two documents are not one in the same thing but it seems that when the claimant sent this notification to the employer she received a P45 in or around July 2015.
The P45 was backdated by 14 months and gave the date of termination as June 2014. There had been no difficulty between the parties and the P45 backdated as it was has upset the claimant.
The Tribunal notes that the claimant continues to be on disability benefit though it is hoped that she will return to the workplace within a two year period. The Tribunal finds that the date of receipt of the (incorrectly dated) P45 was the actual date of dismissal.
In all the circumstances the Tribunal finds the dismissal was unfair and awards the claimant €3,200.00 in compensation under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)