RP159/2013, MN117/2013, WT18/2013

EMPLOYMENT APPEALS TRIBUNAL

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr R. Maguire

Members:     Mr N. Ormond

                     Mr J. Flannery

heard these appeals at Tullamore on 18 March 2014

Representation:

Appellant:

                    Mr Hugh Hegarty, SIPTU, Membership Information & Support Centre,

                     Liberty Hall, Dublin 1

Respondent:

         No appearance by or representation on behalf of the respondent

The determination of the Tribunal was as follows:

Determination:

These appeals were launched against a different entity which the appellant’s representative discovered was not the correct identity of the appellant’s employer. On discovering the correct identity of the employer the claimant’s representative wrote to the managing director/secretary of the respondent by registered post putting the respondent on notice of the fact that it was the appellant’s intention to make application to amend the title of the employer to that of the respondent by making an application before the Tribunal as provided under Section 39 of the Organisation of Working Time Act, 1997.

Being satisfied that the respondent was properly on notice of both the hearing and of the intention to make the application the Tribunal granted the afore-mentioned application. The Tribunal finds, based on the uncontroverted evidence, that the appellant was dismissed by reason of redundancy having been on statutory short-time working for in excess of four weeks and is thus entitled to a lump sum payment under theRedundancy Payments Acts, 1967 to 2007 in accordance with the following criteria.

This award is made subject to the appellant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period. It should be noted that payments from the social insurance fund are limited to a maximum of €600-00 per week.

The appellant having brought the employment to an end on foot of short-time working a claim under theMinimum Notice and Terms of Employment Acts, 1973 to 2005 does not arise.

The Tribunal further awards €1,676-40 under theOrganisation of Working Time Act, 1997 being the equivalent of seven public holidays and four days annual leave.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)