EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Martin O'Malley - appellant RP1060/2012
MN838/2012
WT355/2012
Against
Paddy Cunningham T\A Cunningham Construction - respondent
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. Fahy B.L.
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 2 September 2013 and 27 March 2014
Representation:
_______________
Appellant(s) : Ms Roisin Burke, Catherine Murphy & Co., Solicitors,
Main Street, Headford, Co Galway
Respondent(s) : Mr David Higgins, Berwick, Solicitors,
4 St Brendan's Road, Woodquay, Galway
The decision of the Tribunal was as follows:-
Determination
The respondent having conceded liability in this case, the Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:
Date of Birth:
Date of commencement of employment: 01 November 2001
Date of termination of employment: 23 December 2011
Gross weekly pay: €591.45
The Tribunal is also satisfied that the appellant did not receive his statutory entitlement under the Minimum Notice and Terms of Employment Acts 1973 to 2005. Accordingly the Tribunal awards him the sum of €3548.70 this sum being the equivalent of six weeks’ pay under the said Act.
The Tribunal also award the appellant the sum of €2365.80 the equivalent of four weeks’ pay under the Organisation of Working Time Act 1997.
These awards are made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)