EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
RP734/2012
WT285/2012
Employee - appellant
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr. W. O'Carroll
Ms H. Murphy
heard this appeal at Galway on 27th January 2014
Representation:
_______________
Appellant(s) : In Person
Respondent(s) : In Person (Director of Company)
Determination
The Tribunal carefully considered the documentary and oral evidence adduced at the hearing. There was a clear conflict of evidence between the parties concerning the termination of the appellant’s employment. The Tribunal prefers the evidence of the appellant and in doing so is mindful that the respondent failed to respond in writing to the RP9 form within the requisite time period served by the appellant.
In those circumstances the Tribunal is satisfied that the appellant was dismissed by reason of redundancy and accordingly awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of commencement of employment: 30 March 2004
Date of termination of employment: 24 June 2011
Gross weekly pay: €613.35
Please note that a weekly ceiling of €600.00 applies to all awards made from the Social Insurance Fund.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal heard evidence from the appellant that he did not receive his statutory entitlement in respect of holiday pay and public holiday pay under the Organisation of Working Time Act. The respondent was unable to produce to the Tribunal any evidence to show that holiday pay due in respect of 1 January 2011 to 24 June 2011 had been paid.
Accordingly the Tribunal awards the appellant the sum of €1104.03, this sum being the equivalent of eight days holidays and one public holiday under the Organisation of Working Time Act 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)