EMPLOYMENT APPEALS TRIBUNAL
CASE NO. MN1126/2009, RP1264/2009, WT500/2009
APPEAL(S) OF:
EMPLOYEE - appellant
against
EMPLOYER - respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr D. Moore, Mr B. Byrne
heard this appeal at Tullamore on 27th November 2009
Representation:
Appellant(s) : Mr. Brian Regan BL instructed by Ennis & Associates, Solicitors, 3rd Floor Merchants House, 27-30 Merchants Quay, Dublin 8
Respondent(s) : No appearance by or on behalf of respondent
The decision of the Tribunal was as follows:-
Preliminary Point
The claims under the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Organisation of Working Time Act 1997 were withdrawn on the day of the hearing.
Determination
The Tribunal is satisfied based on the uncontested evidence of the appellant that a genuine redundancy situation existed. Accordingly the Tribunal awards the appellant a redundancy lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of Birth: 24 April 1973
Date of commencement of employment 25 November 2004
Date of termination of employment: 26 September 2008
Gross weekly pay: €715.21
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Please note that there is a weekly ceiling of €600.00 on all awards made from the Social Insurance Fund.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)