EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Susana Coronado Prado, RP76/2014
MN70/2014
WT28/2014
against
Jimenez & Jimenez 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: Mr. T. Ryan
Members: Mr. T. O'Sullivan
Mr. O. Nulty
heard this case in Mullingar on 15 April 2014
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
There was no attendance at the hearing by or on behalf of
Mr. James Clancy, James Clancy & Associates, Liquidation Advisors,
13 Clarinda Park North, Dun Laoghaire, Co. Dublin
The decision of the Tribunal was as follows:-
The appellant claimed that her employment, which commenced on 17 August 2009, ended without notice by reason of redundancy on 7 December 2013 on the ending of her maternity leave. Her gross weekly pay was €173.50 based on a twenty-hour week at €8.65 per hour.
A claim was also made under the Organisation of Working Time Act, 1997, in respect of some twenty days’ holidays (as permitted under Section 23 of the Act which sets a limit to the amount of holiday pay the Tribunal can award) outstanding at the time of termination of the appellant’s employment with the respondent.
No evidence was offered by or on behalf of the respondent to disprove the appellant’s entitlements.
Determination:
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: 17 August 2009
Date of termination: 07 December 2013
Gross weekly pay: €173.50 based on a twenty-hour week at €8.65 per hour
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 €347.00 (this amount being equivalent to two weeks’ gross pay at €173.50 per week).
In addition, the Tribunal awards the appellant the sum of €694.00 (this amount being equivalent to four weeks’ holidays) under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of her employment with the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)