EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Douglas McElligott - appellant RP299/2013
Against
College Freight Limited T/A Target Express - 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 commenced employment with the respondent on the 30 August 2010. Due to a delay in setting the appellant up on the TMS clocking system the respondent recorded a commencement date of the 12 September 2008 for the appellant in error. On the 28 August 2012 the appellant was notified by email of his redundancy. The appellant was not paid in lieu of minimum notice.
Having considered the evidence adduced at the hearing the Tribunal note that the appellant received no notice of the termination of his employment. In adding the one week minimum notice the appellant’s employment terminated on the 5 September 2012 giving the appellant the required service. The Tribunal awards the appellant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
DOB | N/A |
Commencement Date | 30 August 2010 |
Date notice received | 28 August 2012 |
Termination date | 05 September 2012 |
Gross weekly pay | €530.35 |
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)