EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE , UD451/2012
RP346/2012
MN365/2012
against
EMPLOYER
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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. K. Buckley
Members: Mr. J. Killian
Ms. H. Kelleher
heard this case in Cork on 12 September 2013
Representation:
_______________
Claimant(s):
No legal or trade union representation
Respondent(s):
The determination of the Tribunal was as follows:-
The appellant claimed that her employment, which commenced on 3 August 2007, ended without notice by reason of redundancy on 9 September 2011. Her gross weekly pay at termination of her employment was €390.00.
An unfair dismissal claim lodged with the Tribunal was not prosecuted at the Tribunal hearing.
No evidence was offered by or on behalf of the respondent at the Tribunal hearing.
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: 02 September 1977
Date of commencement: 03 August 2007
Date of termination: 09 September 2011
Gross weekly pay: €390.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fails because it was not established that the respondent had breached the said legislation.
The claim lodged under the Unfair Dismissals Acts, 1977 to 2007, also fails because the claim was not prosecuted at the Tribunal hearing given that it was established that the appellant was entitled to a redundancy lump sum and the Tribunal cannot award any employee compensation under both unfair dismissal and redundancy legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)