EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Alain Caprice – appellant 1 RP898/2013
MN670/2013
&
Jean-David Julie – appellant 2 RP899/2013
MN671/2013
Against
Strand Security Services Limited (In Liquidation) – 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: Mr T. Ryan
Members: Mr J. Horan
Mr S. Mackell
heard this appeal at Dublin on 7th March 2014
Representation:
_______________
Appellant(s) : In person
Respondent(s): No appearance by Liquidator
The decision of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the Liquidator of the respondent company. The Tribunal is satisfied that the Liquidator was on notice of the hearing. The last managing director of the company appeared at the hearing. Whilst he was unable to give evidence at the hearing and had no documentation with him he had no objection to the appellants’ applications.
Determination:
Appellant 1 (AC):
The Tribunal is satisfied that a redundancy situation occurred and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of Commencement: 20th March 2007
Date of Termination: 21st October 2012
Weekly Gross Pay: €400.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal heard that the appellant began working again three weeks after the date of termination. Accordingly the Tribunal awards the appellant €1200.00 (one thousand two hundred euro) in respect of three weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Appellant 2 (JDJ):
The Tribunal is satisfied that a redundancy situation occurred and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of Commencement: 28th September 2006
Date of Termination: 21st October 2012
Weekly Gross Pay: €400.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal heard that the appellant began working again three days after the date of termination, though at a loss of €180 per week. Accordingly the Tribunal awards the appellant €988.00 (nine hundred & eighty-eight euro) in respect of three full days’ pay and less €180 per week for the remainder of his notice entitlement of four weeks under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)