RP471/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

Dariusz Hanuszewicz – appellant                                                                   RP471/2013

Against

Strand Security Services Limited (In Liquidation) – respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Mr T. Ryan

Members:        Mr J. Horan

                        Mr S. Mackell

heard this appeal at Dublin on 7th March 2014

Representation:

_______________

Appellant(s):               Mr Richard Grogan

                                    Richard Grogan & Associates

                                    Solicitors

                                    16 & 17 College Green, Dublin 2

Respondent(s):            No appearance by Liquidator

The decision of the Tribunal was as follows:-

There was no appearance by or representation on behalf of the Liquidator of the respondent company. The Tribunal is satisfied that the Liquidator was on notice of the hearing. The last managing director (MD) of the company appeared at the hearing. He gave evidence that the appellant was suspended without pay in late 2011 for making a false arrest whilst working in retail security. After that he could not be placed in retail security roles. He was placed in static and film location security, though this work was inconsistent.

The MD gave evidence that the appellant sought his P45 in April 2012, but this was disputed by the appellant who contended that he had been suspended without pay again on 10^th April 2012 because of an issue with the local community where he was based. The suspension continued until the company ceased operating in October 2012. The MD could not produce any documentation as this was now in the hands of the Liquidator.

Determination:

The Tribunal is satisfied that a redundancy situation occurred and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:

Date of Commencement:        6^th June 2009

Date of Termination:               21^st October 2012

Weekly Gross Pay:                  €350.35

This award is 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)