EMPLOYMENT APPEALS TRIBUNAL
| CLAIM OF: | CASE NO. |
EMPLOYEE, – Claimant | UD1907/2011 RP136/2013 MN1963/2011 WT770/2011 |
| 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
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan BL
Members: Mr B. O’Carroll
Ms H. Henry
heard this claim at Roscommon on 27 September 2013
Representation:
Claimant:
Respondent:
No appearance by or representation on behalf of the respondent
The determination of the Tribunal was as follows:
Determination:
Being satisfied that the respondent was properly on notice of the hearing the Tribunal proceeded to hear the claims. At the outset the claim under the Unfair Dismissals Acts, 1977 to 2007 was withdrawn.
The claimant was employed as a waiter in a restaurant in Roscommon (the restaurant) from 1 November 2007. At that time the restaurant was operated by a limited company. On 22 February 2011 the restaurant transferred to the respondent. On 6 April the claimant was told there was no further work for him. He was let go with no notice and without receipt of outstanding holiday pay.
Based on the uncontroverted evidence of the claimant the Tribunal is satisfied that the claimant was dismissed by reason of redundancy and is entitledto a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria
Date of Birth | 3 December 1984 |
| Employment commenced | 1 November 2007 |
| Employment ended | 6 April 2011 |
| Gross weekly pay | €370-50 |
This award is made subject to the appellant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period.
The Tribunal awards €741-00, being two weeks’ pay, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The Tribunal awards further €741-00, being the equivalent of two weeks’ pay, under the Organisation of Working Time Act, 1997 in respect of unpaid holiday entitlements.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)