Jennifer McMahon v M. P. C. Holdings Ltd

• Jurisdiction: Ireland
• Judgment Date: 22 April 1998
• Judgment citation (vLex): [1998] 4 JIEC 2201
• Date: 22 April 1998
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Jennifer McMahon v M. P. C. Holdings Ltd

Abstract:

Dismissed - transfer of undertakings - Unfair Dismissals Acts 1977 to 1993 - Minimum Notice and Terms of Employment Acts 1073 to 1991– Employment Appeals Tribunal (Ms R. O'Connell (chairman) Mr C. Ormond and Mr E. Browne) Dublin

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD10/98 MN13/98

CLAIM(S) OF:

Jennifer McMahon, 2 Brighton Terrace, Sandycove, Co Dublin

against

M.P.C. Holdings Ltd, Headford Road, Galway. under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 1991 UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Ms. R. O'Connell

Members:

Mr C. Ormond

Mr. E. Erowne

heard this claim at Dublin on 1st April 1998

Claimant commenced employment in the Port View Hotel in February 1996. Later that year the hotel was sold to the respondent company as a going concern. On assuming control of the hotel the respondent invited the claimant to reapply for her existing position. No new terms and conditions of employment were offered. The claimant believed her employment would continue as normal even throughout a proposed refurbishment of the hotel and after. On 27 December 1997 the claimant reported in for work but was informed that she was no longer required and that she was unsuitable. The Tribunal determined that the European Communities (Safe-guarding of Employees Rights on Transfer of Undertakings) Regulations 1980 applied and her job was continued uninterrupted by the sale of the hotel and determined that the claimant was unfairly dismissed. Claimant awarded £7,500 and £125 onto the Minimum Notice Acts.

The determination of the Tribunal was as follows:-

1 The claimant commenced employment with the Portview Hotel on 5 February 1996. The hotel was sold as a going concern to the present owners, M.PC. Holdings Ltd, in September 1996, therefore the claimants employment comes under the European Communities(safeguarding of Employees Rights on Transfer of Undertakings) Regulations 1980.

2 When the present owners assumed control of the hotel the claimant, was invited by management to re-apply for her existing position although this was superfluous under the terms of the European Communities (Safeguarding of Employees Rights on Transfer of Undertakings)Regulations 1980.

3 No terms and conditions of employment were proferred by the employer and no contract. of employment was...