EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
MN461/2015
WT208/2015
CLAIM(S) OF:
Gary O'Leary
- Claimant
Against
Luke Monaghan T/A Luke Monaghan Plant Hire
- Respondent
under
ORGANISATION OF WORKING TIME ACT 1997
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. Browne
Mr F. Dorgan
heard this claim at Wexford on 14th July 2016
Representation:
Claimant: Mr. Peter McKenna BL instructed by: Mr Fergus Kinsella, Cooke & Kinsella, Solicitors, Wexford Road, Arklow, Co Wicklow
Respondent: An agent
The decision of the Tribunal was as follows:-
At the outset an agent on behalf of the respondent made an application to have the hearing postponed. Counsel for the claimant objected. The Tribunal refused the application and the case proceeded.
Determination:
Having heard and considered the uncontested evidence of the claimant the Tribunal is satisfied his employment was terminated by the respondent without duer notice. Accordingly the appeal under the Minimum Notice and Terms of Employment Acts, 1993 to 2005 is allowed and the claimant is awarded €620.00 as compensation for one weeks’ notice.
The Tribunal also awards the sum of €992.00, this being six days annual leave and two public holidays under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)