RP244/2012, MN265/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

EMPLOYEE   – appellant                                                                             RP244/2012

                                                                                                                        MN265/2012

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 N.  O'Carroll-Kelly BL

Members:        Mr. D.  Winston

                        Mr J.  Maher

heard this appeal at Dublin on 11th September 2013

Representation:

_______________

Appellant(s):               In person

Respondent(s):            No appearance or representation

The decision of the Tribunal was as follows:-

There was no appearance by or representation on behalf of the respondent.  The Tribunal is satisfied that the respondent was on notice of the hearing. 

Preliminary issue:

The appellant’s employment was terminated on 15^th January 2010.  She submitted claims for redundancy and minimum notice to the Tribunal on 10^th February 2012.  She gave evidence that when she arrived for work on 15^th January 2010 the doors were locked.  She had worked as a housekeeper in the small hotel since August 2003.  No one explained to her or the other employees what was happening.  She tried on several occasions to contact her employer after that but was unsuccessful.  She met a co-worker at a later date who told her that she had made a successful claim for redundancy which prompted her to visit her local Citizens Information Centre.  She was unaware prior to this that she could make a claim for a redundancy payment.

Determination:

The Tribunal is satisfied that the appellant’s 4 weeks’ minimum notice entitlement amends the appellant’s date of termination to 12^th February 2010 and that the circumstances allows the Tribunal to extend the time for making a redundancy claim to two years.  At a previous hearing the appellant had applied to amend the respondent’s name and this was granted under section 39 of the Organisation of Working Time Act.  The Tribunal is satisfied that the correct respondent is now named.

Accordingly, based on the uncontested evidence of the appellant the Tribunal is satisfied that she is entitled to a redundancy lump sum payment under the Redundancy Payment Acts, 1967 to 2007, based on the following information:

Date of Birth:                          10^th January 1953

Commencement Date:                        7^th August 2003

Termination Date:                   12^th February 2010

Weekly Gross Pay:                  €161.00

This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.

The Tribunal awards the appellant €644.00 (six hundred and forty-four euro) in respect of four weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.  The date of termination has been amended to reflect this award.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)