RP2844/2011, UD2239/2011, MN2284/2011, WT916/2011

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                                            CASE NO.

Employee                                                                                                                 RP2844/2011

                                                                                                                               UD2239/2011                                      

                                                                                                                                MN2284/2011 

WT916/2011

against

Employer

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

UNFAIR DISMISSALS ACTS, 1977 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr J. Lucey

Members:     Ms M. Sweeney

                    Mr J. Flavin

heard this claim at Limerick on 15th November 2013

Representation:

Claimant: Ms. Lucy Collins, Solicitor, 55 O'Connell Street, Limerick

Respondent: David Punch & Co., Solicitors, 11 Glentworth Street, Limerick

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.

Claimant’s case:

At the outset the claimant withdrew his claim under the Unfair Dismissals Acts, 1977 to 2007.

The claimant commenced employment as a truck driver with the respondent on 1^st July 2004. In 2011 his hours were reduced and from 12^th September 2011 the claimant was not given any work at all. On 25^th October 2011 the claimant submitted to the respondent a form RP9 completed by himself at part B for the purpose of seeking a redundancy payment. The respondent did not reply to this submission and the claimant therefore considered himself entitled to a redundancy lump sum and lodged an appeal to the Tribunal. At the time of termination of employment the claimant was earning €364.40 gross per week.

During his employment with the respondent the claimant worked public holidays but never received extra payment or time off in lieu for working these days.

Determination:

Having considered the uncontested evidence adduced the Tribunal awards the claimant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

It should be noted that any payment made through the Social Insurance Fund is calculated based on maximum earnings of €600.00 per week.

In respect of the claim under the Organisation of Working Time Act, 1997 the Tribunal is satisfied that the claimant was not paid for public holidays and awards him €1,020.32

The claimant applied for redundancy having been on lay-off for at least four weeks and as such is not entitled to payment of minimum notice. Accordingly the claim under the Minimum Notice and Terms of Employment Act, 1973 to 2005 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)