EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee - appellant RP1015/2012
UD1016/2012
Against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T O'Mahony B.L.
Members: Ms M. Sweeney
Mr D. McEvoy
heard this claim at Cork on 26th November 2013
Representation:
Appellant(s) : Mr Niall Courtenay, Taylor & Buchalter, Solicitors,
Greenside House, 45/47 Cuffe Street, Dublin 2
Respondent(s) : Mr Alan Sweeney on behalf of the Receiver Jim Hamilton
BDO, Beaux Lane House, Mercer Street Lower, Dublin 2
And
Mr John Casey on behalf of the Liquidator Barry Donohue
KPMG, 90 South Mall, Cork
The decision of the Tribunal was as follows:-
Determination
All parties were in attendance and consented to the hearing of the appeal under the Redundancy Payments Acts, 1967 to 2007 .
The appellant commenced employment with the respondent company in October 2006. He was employed as the manager of a food and accommodation service. The appellant’s employment ended on the 16 September 2011 when a liquidator was appointed.
Having heard the details of this case the Tribunal finds that the appellant was dismissed by reason of redundancy and awards a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information
Date of Commencement: 1 October 2006
Date of Termination: 16 September 2011
Weekly Gross Pay: €967.00
This award is made under the Redundancy Payments Acts, 1967 to 2007 and 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 per week.
The claim under the Unfair Dismissals Acts, 1977 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)