RP488/2011, MN381/2011, WT125/2011

EMPLOYMENT APPEALS TRIBUNAL

APPEALS OF:                                                                                                          CASE NO.

James Hetherington,                                                                                                 RP488/2011                                        

MN381/2011

                                                                                                                                   WT125/2011

against

Woodman Inns Limited

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. D. Donovan B.L.

Members:     Mr. J. Browne

Mr. F. Dorgan

heard this appeal at Waterford on 10th February 2014

Representation:

Appellant:

         The appellant in person

Respondent:

         No appearance by or on behalf of the respondent

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that he was properly notified of the hearing.

Appellant’s case:

At the outset the appellant withdrew his claims under the Organisation of Working Time Act, 1997 and the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

The appellant commenced employment with the respondent on 15^th June 1992 and was dismissed by way of redundancy on 9^th March 2010. The appellant was earning €224.00 per week up to January 2010 at which time his hours were reduced and consequently his pay €175.00 per week. The appellant never agreed to a reduction in hours and sought restoration of his normal working week. However when he received his redundancy lump sum it was based on his reduced wages and the appellant now seeks payment based on his normal weekly pay of €224.00 per week.

Determination:

The Tribunal is satisfied that the appellant’s employment was terminated by way of redundancy and that he ought to have been paid based on weekly earnings of €224.00. 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 based of the following:

Date of Birth:                    

Date of Commencement:   15^th June 1992

Date of Termination:           9^th March 2010

Gross Weekly Wage:         € 224.00

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)