EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee MN276/2012
- appellant RP255/2012
against
Employer
- respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr. B. Kealy
Mr. M. O'Reilly
heard this appeal at Dublin on 8th November 2013
Representation:
Appellant(s) : In Person
Respondent(s) : Not Present or Represented
The decision of the Tribunal was as follows:-
Background:
This respondent in this matter was contacted by telephone on the 8th May 2013 to clarify his postal address which he requested it to be amended to that cited above.
On the 12th June 2013 the respondent applied for and was granted a postponement in this matter and it was relisted.
Determination:
The Tribunal is satisfied that the respondent was properly notified of this hearing. Neither they nor representatives on their behalf appeared for this case on the 8th November 2013.
The Tribunal accepted the uncontested evidence of the appellant that the respondent had ceased trading and that he was made redundant and finds that he is entitled to a redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
Date of Birth: 31 October 1980
Date of Commencement: 08 January 2006
Date Notice Given: 09 April 2010
Date of Termination: 09 April 2010
Gross Weekly Wage: € 615.00
A weekly statutory ceiling of €600.00 applies to payments from the Social Insurance Fund. This award is subject to the appellant having been in employment, which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
The appeal under the Minimum Notice and Terms of Employment Acts 1973 to 2005 succeeds and the appellant is awarded the sum of €1,230.00 this being two weeks wages.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)