RP739/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                            CASE NO.

David Kozak                                                                                                               RP739/2012

against

UTS (Utility Tree Services) T/A Uts

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr J. O'Connor

Members:     Mr D. Hegarty

                    Mr O. Wills

heard this appeal at Killarney on 24th March 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 they were properly notified of the hearing.

Appellant’s case

The appellant commenced employment with the respondent on 1^st July 2009 and was placed on temporary lay off from 1^st January 2012. The appellant subsequently received his P45 in the post which showed a cessation date of 1^st March 2012.

The appellant considered that he had been dismissed by way of redundancy.

Determination

Having considered the uncontested evidence of the appellant the Tribunal awards her a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria. At the time of dismissal the appellant was earning €429.80 gross per week.

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)