EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Olivia Reilly, RP651/2013
, MN468/2013
WT167/2013
against
Davish Limited (in liquidation),
and
David Murray Hair & Beauty,
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. J. McGovern BL
Members: Mr. R. Murphy
Mr. M. O'Reilly
heard this appeal in Dublin on 3 April 2014
Representation:
_______________
Appellant(s):
Mr. Omar Perrozzi, Hennessy & Perrozzi, Solicitors,
Burgundy House, Forster Way, Swords, Co. Dublin
Respondent(s):
Ms. Catherine Day, Peninsula Business Services (Ireland) Ltd,
Block S, Eastpoint Business Park, Dublin 3
The decision of the Tribunal was as follows:-
The appellant claimed that her employment, which commenced on 4 March 2008, ended without notice by reason of redundancy on 31 December 2012. Her gross weekly pay was €320.00.
A claim was also made under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of employment with the respondent but this claim was not prosecuted but rather withdrawn at the Tribunal hearing.
No evidence was offered by the respondents who did not dispute the contentions made on behalf of the appellant at the Tribunal hearing.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of birth:
Date of commencement: 04 March 2008
Date of termination: 31 December 2012
Gross weekly pay: €320.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €640.00 (this amount being equivalent to two weeks’ gross pay at €320.00 per week).
The Tribunal deems the claim under the Organisation of Working Time Act, 1997, (in respect of any holidays outstanding at the time of termination of her employment with the respondents) to have been withdrawn because it was not prosecuted at the Tribunal hearing.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)