EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE, - first appellant RP626/2012
and
EMPLOYEE, - second appellant RP627/2012
and
EMPLOYEE, - third appellant RP628/2012
against
EMPLOYER, - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony BL
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this case in Cork on 18 October 2013
Representation:
_______________
Appellant(s): No legal or trade union representation
Respondent(s): No attendance or representation
The Tribunal heard evidence from the three appellants herein. Neither the respondent nor a representative on his behalf was present at the hearing herein. None of the appellants had been able to discover the whereabouts of the respondent either in the twelve months immediately following the termination of their employment with him or at any time subsequent to that.
The decision of the Tribunal was as follows:-
The first appellant claimed that his employment (of over twenty hours per week), which commenced on 17 December 2006, ended by reason of redundancy on 17 April 201, when the respondent closed the bar where he worked. The first appellant’s gross weekly pay was €215.00.
The second appellant claimed that her employment (of forty hours per week), which commenced on 17 December 2006, ended by reason of redundancy on 17 April 2011, when the respondent closed the bar where she worked. The second appellant’s gross weekly pay was €400.00.
The third appellant claimed that her employment (of twenty-six hours per week), which commenced on 17 December 2006, ended by reason of redundancy on 17 April 2011, when the respondent closed the bar where she worked. The third appellant’s gross weekly pay was €260.00.
Determination:
Having heard sworn testimony from the appellants, the Tribunal was satisfied that there was reasonable cause to extend the timeframe for lodging their appeals with the Tribunal for redundancy lump sum payments.
The Tribunal finds that the first appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:
Date of birth: 16 November 1951
Date of commencement: 17 December 2006
Date of termination: 17 April 2011
Gross weekly pay: €215.00
The Tribunal finds that the second appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:
Date of birth: 19 November 1975
Date of commencement: 17 December 2006
Date of termination: 17 April 2011
Gross weekly pay: €400.00
The Tribunal finds that the third appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:
Date of birth: 07 September 1949
Date of commencement: 17 December 2006
Date of termination: 17 April 2011
Gross weekly pay: €260.00
Note:
These awards are made subject to the appellants having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)