EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE RP552/2012, MN520/2012
against
EMPLOYER
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 J. O'Connor
Members: Mr J. Hennessy
Mr J. Flavin
heard this appeal at Killarney on 13th December 2013
Representation:
Appellant : Mr Eanna O'Malley, Lynch and Bradley Solicitors,
71 New Street, Killarney, County Kerry
Respondent : Mr Marcus Treacy, Connor Kelliher Treacy, Accountants, Glebe House,
Glebe Place, Killarney, Co. Kerry
The decision of the Tribunal was as follows:
Having heard and considered this case on 13 December 2013 and at a subsequent Mention only hearing, the Tribunal is satisfied that the appellant had the necessary service to entitle him to protection under the Redundancy Payments Acts. The respondent in the form of the liquidator had conceded a redundancy situation in this case and subsequently agreed that the appellant had the requisite time for a statutory redundancy payment.
Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 is allowed and the appellant is awarded a statutory lump sum payment under those Acts, and based on the following:
Date of Birth: n/a
Date of Commencement : 27 July 2009
Date of Termination: 04 August 2011
Gross Weekly Wage €700.00
A weekly statutory ceiling of €600.00 applies to payments from the Social Insurance Fund.
This award is made subject to the appellant being in insurable employment during the above period and in compliance with the relevant social Welfare legislation.
The appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 also succeeds and the appellant is awarded €1400.00 as compensation for two weeks’ notice entitlement.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)