RP239/2013

 EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                            CASE NO.

Michael Hogan – appellant                                                                        RP239/2013

Against

Michael O'Regan T/A Ok Woodcraft - respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms S. McNally

Members:     Mr. P. Casey

                    Mr J. Flavin

heard this appeal at Cork on 8th April 2014

Representation:

Appellant(s) : In person

Respondent(s) : no appearance by or on behalf of the respondent

The decision of the Tribunal was as follows:-

Determination

The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent.

The Tribunal heard the uncontested evidence of the appellant. The appellant first commenced employment in January 2004 and on the 22 June 2009 the business ownership transferred to the respondent. He continued in the role of joiner until he was informed by letter dated the 17 February 2012 that there was no work. His employment ended on the 25 February 2012.

The Tribunal is satisfied that the appellant was in employment since January 2004 and that a transfer of undertaking took place in June 2009. The Tribunal awards the appellant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

The Tribunal noted the evidence of the appellant that he had received the amount of €2,500.00 as part payment of his redundancy entitlement from the respondent.

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)