EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Brian Devine - appellant RP265/2013
MN185/2013
against
Ge Grainger Enterprises Limited T/A Stephen Grainger
Haulage Limited - 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. D. Mac Carthy S. C.
Members: Mr M. Noone
Mr. P. Woods
heard this appeal at Dublin on 25th February 2014
Representation:
_______________
Appellant: Mr. Martin Callanan, Martin Callanan & Company, Solicitors,
Unit 4a, Monread Lodge Shopping Centre, Naas, Co. Kildare
Respondent: No appearance or representation on behalf of
Determination
At the date of hearing the respondent company was dissolved and there was an issue as to whether a decision could be made against an entity that no longer existed. While the former employer would carry the primary liability of a Tribunal award there is a secondary liability on the Social Insurance Fund under the Redundancy Payments Acts, and the Tribunal is therefore empowered to make a decision in this case. To rule otherwise would require a redundant employee to apply to the High Court for an order restoring the dissolved company to the register for the purposes of the proceedings after liquidation was complete and, in the Tribunal’s view such a process would be totally uneconomic, apart from all the complications it would involve. The process would also be unreal, as the effective liability in this case would be the secondary liability on the fund.
The Tribunal find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and awards the appellant a redundancy lump sum based on the following;
Date of Birth:
Commencement Date: 1st January 2004
Termination Date: 12th July 2012
Gross Weekly Pay: €258.59
Please note that any award made from the social insurance fund is subject to the appellant having been in insurable employment during the period.
The appellant is awarded €1,551.54 being the equivalent to 6 weeks’ pay under the Minimum Notice and Terms of Employment Acts 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)