EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
MN909/2012
Betty Kennedy - appellant
RP1166/2012
against
Loughrea Plant and Tool Hire Limited T/A Loughrea
Plant And Tool Hire - respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Kearney BL
Members: Mr. W. O'Carroll
Ms H. Henry
heard this appeal at Galway on 24th February 2014
Representation:
_______________
Appellant(s) : Mr Brian Rabbitte, Citizens Information Centre, Augistine House,
Augistine St, Galway.
Respondent(s) : In Person (Directors of Company)
Determination
The Tribunal heard evidence that the appellant commenced employment in March 2000. The Tribunal was provided with documentary evidence indicating that in all the years from 2004 onwards the appellant worked 52 weeks per year with the exception of 2009 when she worked for 47 weeks. There was no evidence provided to the Tribunal of an agreed absence to indicate a continuation of service from 2000 to 2012 when she was made redundant.
In those circumstances the Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of commencement of employment: 22 July 2009
Date of termination of employment: 3 February 2012
Gross weekly pay: €70.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal is also satisfied that the appellant did not receive her full notice entitlement under the Minimum Notice and Terms of Employment Acts 1973 to 2005. Accordingly the Tribunal awards the appellant the sum of €70.00 this sum being the equivalent of one week’s pay under the said Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)