UD2430/2010, RP3265/2010, MN2367/2010, WT1067/2010

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                                CASE NO.

EMPLOYEE                                                                                                         UD2430/2010                                                                                                                                                            RP3265/2010

                                                                                                                            MN2367/2010            WT1067/2010

Against

EMPLOYER

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

UNFAIR DISMISSALS ACTS, 1977 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr. P.  Hurley

Members:     Mr. N.  Ormond

                     Mr. J.  Flannery

heard this claim at Tullamore on 18th July 2013

Representation:

Claimant:

Respondent:

             No appearance by or on behalf of the respondent

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.

Claimant’s case

At the outset the claimant withdrew his claims under the Minimum Notice and Terms of Employment Act, 1973 to 2005, the Organisation of Working Time Act, 1997 and the Unfair Dismissals Acts, 1977 to 2007.

The claimant was employed by the respondent as a security guard from 5^th April 2007. Business began to slow down in 2008 and the claimant was placed on temporary lay-off from 18^th August 2009. Over a year later on 25^th August 2010 the claimant sent a form RP9, completed at section B, to the respondent. The purpose of this form was to notify the respondent of the claimant’s intention to claim a redundancy lump sum payment in a lay-off situation. The respondent made no reply to this notice and the claimant therefore considered himself to have been made redundant. However the claimant did not receive a redundancy lump sum payment. Prior to being placed on lay-off the claimant was earning €509.08 gross per week.

Having considered the uncontested evidence of the appellant the Tribunal awards him a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)