RP124/2012, WT40/2012, MN95/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                           CASE NO.

Jaroslav Vazhynskyy  -           Appellant                                                                    RP124/2012                                                                                                                                                              WT40/2012

                                                                                                                                   MN95/2012

Against

John Hayden   -           Respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. T. Ryan

Members:     Mr. J. Reid

                    Ms. N. Greene

heard this appeal at Dublin on 26th February 2014

Representation:

Appellant:

             Coonan Cawley, Solicitors, Wolfe Tone House, Naas Town Centre, Naas, Co Kildare

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 he was properly notified of the hearing.

Appellant’s case:

At the outset the appellant withdrew his appeal under the Organisation of Working Time Act, 1997.

The appellant commenced employment with the respondent on 1^st January 2004. On returning from holidays on 29^th July 2011 the appellant was told by the respondent that there was no more work available. The appellant asked for a redundancy payment along with payment in lieu of minimum notice but the respondent refused to pay this to him. At the time of termination of his employment the appellant was earning €425.00 per week.

Determination:

Having considered the uncontested evidence of the appellant the Tribunal awards him €1,700.00 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 together with 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)