EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Eugene McEneaney (appellant) RP1050/2012
MN829/2012
Against
Strongwood Kitchens Limited T/A Hogan Kitchens (respondent)
under
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. P. O'Leary B L
Members: Mr P. Pierson
Mr F. Keoghan
heard this appeal at Trim on 6th March 2014
Representation:
_______________
Appellant(s) : Ms. Mary Smith, Navan Citizens Information Centre, Floor 2,
1 Cannon Row, Navan, Co Meath
Respondent(s) : In person
The decision of the Tribunal was as follows:
The appeal was not referred to the Tribunal within the 52 week period as set out in the Redundancy Payments Acts, 1967 to 2007. As the appeal was lodged over 2 years after the date of the termination of employment, the Tribunal, therefore rules that it does not have jurisdiction to hear the case under the Redundancy Payments Acts, 1967 to 2007, and the appeal necessarily fails.
The appellant submitted that minimum notice of two weeks was not paid but this was disputed by the respondent. The Tribunal instructed both parties to forward documentary evidence to the Tribunal in order that a determination can be made.
On the evidence submitted by both parties, the Tribunal determines that the claimant was not paid his minimum notice. In those circumstances, the Tribunal awards the appellant his statutory entitlement of €740, being the sum due for two weeks’ notice, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)