Jean McCarthy v Anne Lappin T/A Carrigdhoun dry Cleaners [Employment Appeals Tribunal]

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date31 Mar 2011
Judgment citation (vLex)[2011] 3 JIEC 3101

EMPLOYMENT APPEALS TRIBUNAL

Representation:

Claimant: Mr. Fachtna O'Driscoll, Fachtna O'Driscoll Solicitors, 9 South Mall, Cork

Respondent: Mr. Frank Lappin, Legion House, Church Bay Road, Crosshaven, Co. Cork

Abstract:

Employment law - Unfair dismissal - Absenteeism - Notice of absence - Medical certificates - Minimum Notice and Terms of Employment 1973 - 2005

CLAIMS OF:

CASE NO.

Jean McCarthy, 112 The Meadows, Belgooly, Kinsale, Co. Cork - claimant

UD487/2010 RP679/2010 MN836/2011

against

Anne Lappin T/A Carrigdhoun Dry Cleaners, Legion House, Church Bay Road, Crosshaven, Co. Cork - respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal (Division of Tribunal)

Chairman:

Ms. S. McNally

Members:

Mr. D. Hegarty

Mr. J. Flavin

heard these claims at Cork on 31 March 2011

Facts The claimant originally worked full time for the respondent but later moved to part-time. The respondent claimed that the claimant was for 12 days in the period January to August 2009 with short notice given leaving their roster constantly changing. The claimant contended that absences were planned and notice given well in advance and medical certificates supplied. The claimant was out for a week in September that year too. On the claimant�€�s return there was an upsetting incident in the car park adjacent the respondent�€�s premises between the claimant and the respondent and subsequent to this the respondent wrote to the claimant about her absences and terminated her employment.

Held by the Tribunal finding the claimant was unfairly dismissed, failed to enquire properly of the claimant�€�s medical condition and did not have her medically examined by a doctor of his nomination and awarded her €13,000 plus €1,070 under the Minimum Notice and Terms of Employment.

Reporter: BD

1

The determination of the Tribunal was as follows:

2

At the outset the respondent consented to the addition of a claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The claim under the Redundancy Payments Acts, 1967 to 2007 was withdrawn.

3

The claimant was employed in the respondent's dry cleaning business from October 2004. Initially the claimant worked on a full-time basis but from some time in 2008 the claimant was working part-time 17.5 hours, five mornings a week. The respondent has two other employees and the...

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