EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
James Regan – appellant 1 RP344/2013
MN249/2013
Tommy Regan – appellant 2 RP364/2013
MN279/2013
against
Fitzsimons Plastering Limited – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr D. Hayes BL
Members: Mr M. Noone
Mr P. Trehy
heard this appeal at Dublin on 14th April 2014
Representation:
Appellants: Mr Paul Henry of SIPTU,
Liberty Hall, Eden Quay, Dublin 1
Respondent: No appearance by or on behalf of respondent
Determination
Based on the uncontested evidence of the appellants the Tribunal is satisfied that a redundancy situation existed.
The Tribunal finds that appellant 1 is entitled to a redundancy payment based on the following information:
Date Employment Started 05 January 2004
Date Employment Ended 19 December 2012
Gross Weekly Pay €704.00
This award is made subject to the appellant having been in insurable employment during the relevant period.
It should be noted that payments from the social insurance fund are subject to a maximum of €600.00 per week.
Appellant 1 was given one week’s notice of the termination of his employment. Therefore he is awarded the sum of €2112.00 being 3 week’s pay under the Minimum Notice and Terms of Employment Acts 1973 to 2005.
The Tribunal finds that appellant 2 is entitled to a redundancy lump sum based on the following information:
Date Employment Started 05 April 2008
Date Employment Ended 28 December 2012
Gross Weekly Pay €704.00
This award is made subject to the appellant having been in insurable employment during the relevant period.
It should be noted that payments from the social insurance fund are subject to a maximum of €600.00 per week.
Appellant 2 was given two weeks’ notice of the termination of his employment and therefore his claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)