EMPLOYMENT APPEALS TRIBUNAL
COMPLAINT OF: CASE NO.
EMPLOYEE I2/2012
-complainant
against the decision of The Minister for Social Protection
in the case of:
EMPLOYEE -v-
EMPLOYER
under
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Lucey
Members: Mr. G. Andrews
Ms H. Henry
heard this complaint at Limerick on 17th June 2013
Representation:
Complainant:
Respondent:
The declaration of the Tribunal was as follows:
The complainant in this case is appealing the amount paid to him by the Minister for Social Protection/ Insolvency Payment Fund also known as the respondent. The complainant succeeded in his claim under the Unfair Dismissals Acts, 1977 To 2007, before a Rights Commissioner and the Rights Commissioner recommended that he be awarded €15,000.00. As the company was in liquidation to obtain payment of this award he applied to the respondent. The liquidator and respondent have the complainant’s gross weekly pay as being €865.38 and in his appeal form the complainant’s states his gross weekly pay as being €865.38.
All claims submitted to the Social Insurance are subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.
A statutory weekly ceiling of €600.00, Gross pay, applies to payments from the Social Insurance Fund.
The respondent calculated his award as being €15,000.00 divided by €865.38 which equals 17.33 weeks. 17.33 weeks multiplied by €600.00 equalling €10,398.00, and concluded the amount payable as being €10,398.00. The complainant is appealing to be paid €15,000.00.
The Tribunal finds that the respondent’s calculation of the complainant’s award as being €10,398.00 is correct as the weekly limit of €600.00 has to be applied.
The complaint under the Protection of Employees (Employers' Insolvency) Acts, 1984 to 2004, fails. The Tribunal declare that the correct amount the respondent is to pay the complainant is €10,398.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)