EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
RP227/2013
- Claimant 1 UD1512/2011
MN1581/2011
WT32/2013
RP228/2013
- Claimant 2 UD1513/2011
MN1582/2011
WT33/2013
RP229/2013
- Claimant 3 UD1514/2011
MN1583/2011
WT34/2013
RP230/2013
- Claimant 4 UD1515/2011
MN1584/2011
WT35/2013
RP231/2013
- Claimant 5 UD1516/2011
MN1585/2011
WT36/2013
RP232/2013
- Claimant 6 UD1517/2011
MN1586/2011
WT37/2013
against
- Respondent 1
- Respondent 2
- Respondent 3
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr. T. O'Sullivan
Mr J. Moore
heard this claim at Drogheda on 18th January 2013
and 25th October 2013
Representation:
Claimant(s): Mr. James McGowan BL instructed by:
James Allen & Co, Solicitors, 49 Laurence Street, Drogheda, Co Louth
Respondent(s): Mr. James Doran BL instructed by:
Emmet Butler, Butler Monks Solicitors, 12 Camden Row,
Dublin 8 - for Respondent 1 and Respondent 3
Kevin Langford, Arthur Cox Solicitors, Earlsfort Centre, Earlsfort Terrace,
Dublin 2 – for Respondent 2
The determination of the Tribunal was as follows:-
Background:
On the second day of the hearing all claims under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 were withdrawn. The first named respondent was removed from all claims in this matter.
Determination:
Having heard lengthy submissions from all parties in these matters in became clear the third named respondent was not liable in any form in respect of all claims under the Unfair Dismissals Acts, 1977 to 2007, the Redundancy Payments Acts, 1967 to 2007, the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the Organisation of Working Time Act, 1997 and therefore was formally removed from the matter.
In respect of the second named respondent it became clear they were the employer liable for any claims in this matter. However, due to the time limits in which the claims for all six claimants under the Unfair Dismissals Acts, 1977 to 2007 and the Organisation of Working Time Act, 1997 were lodged the Tribunal finds all claims under these Acts are statute barred as they were lodged outside their respective time limits.
The second named respondent conceded all claims under the Redundancy Payments Acts, 1967 to 2007. Accordingly, the Tribunal awards each claimant a redundancy payment as set out in the details below:
Claimant 1
Date of Birth: 14 March 1979
Date of Commencement: 10 November 2005
Date of Termination: 09 May 2011
Normal weekly remuneration: € 684.49
Claimant 2
Date of Birth: 14 February 1981
Date of Commencement: 09 December 2007
Date of Termination: 09 May 2011
Normal weekly remuneration: € 467.00
Claimant 3
Date of Birth: 14 August 1953
Date of Commencement: 05 November 2005
Date of Termination: 09 May 2011
Normal weekly remuneration: € 430.00
Claimant 4
Date of Birth: 22 March 1973
Date of Commencement: 10 November 2005
Date of Termination: 09 May 2011
Normal weekly remuneration: € 628.00
Claimant 5
Date of Birth: 16 April 1963
Date of Commencement: 05 November 2005
Date of Termination: 09 May 2011
Normal weekly remuneration: € 468.00
Claimant 6
Date of Birth: 01 July 1956
Date of Commencement: 01 November 2006
Date of Termination: 09 May 2011
Normal weekly remuneration: € 467.00
These awards are subject to the claimants having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)