EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Eugeniusz Spiewok, RP208/2013
MN135/2014
WT49/2014
against
Oakview Developments Limited (In Liquidation),
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. S. McNally
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this case in Cork on 27 February 2014
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
There was no attendance or representation at the hearing by Mr James Butler,
GBW, Chartered Accountants, 4 South Terrace, Cork or GBW, Chartered Accountants, 51 South Mall, Cork
The decision of the Tribunal was as follows:-
The appellant (aided at the Tribunal hearing by a Tribunal-appointed interpreter) claimed that his employment, which commenced on 15 January 2006, ended without notice by reason of redundancy on 21 March 2012. His gross weekly pay was evidenced by all relevant documentation made available to the Tribunal at the hearing. The Tribunal noted that there had been typographical error in respect of P60 documentation. .
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.
No evidence was offered by or on behalf of the respondent at the Tribunal hearing.
Determination:
Based on documentation available to it the Tribunal assessed the appellant’s weekly pay at €251.00.
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: 15 January 2006
Date of termination: 21 March 2012
Gross weekly pay: €251.00
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 €1,004.00 (this amount being equivalent to four weeks’ gross pay at €251.00 per week).
In addition, the Tribunal awards the appellant the sum of €251.00 (this amount being equivalent to one week’s holidays) under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of his employment with the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)