EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE, RP659/2012
MN606/2012
against
EMPLOYER
under
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: Mr. J. Lucey
Members: Mr. D. Hegarty
Ms. H. Henry
heard this case in Limerick on 28th August 2013
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation at the hearing
The decision of the Tribunal was as follows:-
The appellant claimed that his employment, which commenced on 1 September 2007, ended without notice by reason of redundancy on 1 September 2011. His gross weekly pay equated to €807.69 based on the documentation shown to the Tribunal.
No evidence was offered by or on behalf of the respondent to dispute the appellant’s claims.
The Tribunal received a letter stating that the liquidator apologised for his non-attendance at the hearing but that, due to a long-standing family commitment which he could not rearrange, he was unavailable. However, the letter stated that the liquidator did not contest the appellant’s redundancy claim and that he would assist the appellant in submitting a claim to the Department of Social Protection.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of birth: 23 August 1971
Date of commencement: 01 September 2007
Date of termination: 01 September 2011
Gross weekly pay: €807.69
It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €1,615.38 (this amount being equivalent to two weeks’ gross pay at €807.69 per week).
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)