EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE RP449/2012, MN469/2012
WT190/2012
against
EMPLOYER
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: Mr J. O'Connor
Members: Mr J. Hennessy
Mr J. Flavin
heard this appeal at Killarney on 13th December 2013
Representation:
Appellant : Mr John F Daly, John F Daly & Co, Solicitors, Kanturk, Co. Cork
Respondent : No representation listed
The decision of the Tribunal was as follows:
Respondent’s Case
The secretary of this company told the Tribunal that he had no knowledge of the appellant’s payslips, P60s and contract of employment. She was the only employee in the business. The secretary was unable to provide the amount of the appellant’s wages and referred issues on wages, taxation, and contracts to the respondent’s accountant. He added, however, that the appellant was paid by means of a bank transfer and in cash. This witness had no memory of contacting the appellant to inform her that her job was gone.
The respondent’s accountant accepted he had responsibilities for the appellant’s payslips, taxation, and other statutory documents. He did not issue those documents because she never asked for them. The accountant also acknowledged that he never issued the appellant with statutory redundancy forms at the conclusion of her employment with the respondent. The secretary had informed him that the appellant had been made redundant.
Appellant’s Case
The appellant confirmed her methods of payment from the respondent and was happy with that arrangement. Terms and conditions of employment never issued to her and she was never informed of her gross pay. She had no knowledge of the accountant or his role within the respondent during her period of employment with the respondent. The secretary phoned her a few days prior to 21 October 2011 to announce the loss of her job. She was also owed outstanding holidays but was neither given them or payment in lieu.
Determination
Having heard and considered the evidence the Tribunal finds that the appellant was employed by the named respondent. The Tribunal finds that the appellant’s employment with the respondent was terminated by way of redundancy. Accordingly, the appeal under the Redundancy Payments Act, 1967 to 2007 succeeds and the appellant is awarded a lump sum under those Acts, and based on the following:
Date of Birth: 30 November 1986
Date of Commencement : 02 July 2008
Date of Termination: 04 November 2011
Gross Weekly Wage: €324.00
This award is made subject to the appellant being in insurable employment during the relevant period.
The appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 is allowed and the appellant is awarded €453.60 as compensation for outstanding notice.
The appeal under the Organisation of Working Time Act, 1997 also succeeds and the appellant is awarded €939.60 as compensation for outstanding holiday entitlements.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)