EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF:
| CASE NO. |
Employee – Claimant
| UD916/2012 RP122/2012 MN94/2012 |
against
|
|
Employer - 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 C. Egan BL
Members: Mr B. O’Carroll
Ms H. Henry
heard these claims at Galway on 10 October 2013
Representation:
Claimant:
Ms Barbara Lesniak, Consultancy, Translation and Advocacy Services,
The Plaza Offices, Headford Road, Galway
Respondent:
No appearance by or representation on behalf of the respondent
The determination of the Tribunal was as follows:
Determination:
Following a failure to provide annual returns, the respondent company was struck off the register of companies on 18 September 2013, and as such no longer has a legal personality. At the outset the claim under the Unfair Dismissals Acts, 1977 to 2007 was withdrawn. The Tribunal finds, based on the uncontroverted evidence, that the claimant was dismissed by reason of redundancy and is entitled to a lump sum payment under theRedundancy Payments Acts, 1967 to 2007 in accordance with the following criteria.
Date of Birth | 12 July 1976 |
Employment commenced | 6 March 2007 |
Employment ended | 12 October 2011 |
Gross weekly pay | €488-00 |
Loss having been established, the evidence having shown that the appellant received only one week’s notice, the Tribunal awards €488-00, being one week’s pay, under theMinimum Notice and Terms of Employment Acts, 1973 to 2005.
These awards are made subject to the claimant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)