EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee - appellant RP705/2012
MN363/2013
WT263/2013
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr F. Dorgan
heard this appeal at Thurles on 3rd December 2013
Representation:
Appellant: James O Brien & Co, Solicitors, 30 Castle Street, Nenagh,
Co. Tipperary
Respondent: There was no appearance by the liquidator of the company. The Tribunal was in receipt of correspondence from the liquidator stating that the claims were not contested.
Determination:
The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth: 19 February 1980
Date of Commencement: 27 October 2007
Date of Termination: 13 April 2012
Gross Weekly Pay: €700.00*
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
*Please note that a statutory ceiling limited of €600.00 applies to all payments from the Social Insurance Fund.
The Tribunal awards the appellant the sum of €1,400 (being the equivalent of two weeks gross pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The Tribunal is satisfied that the appellant’s intention to claim for holiday pay was outlined in the body of the claim. Accordingly, the Tribunal awards the appellant the sum of €840 (being the equivalent of six days gross pay) under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)