RP773/2012, WT294/2012, MN662/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEALS OF:                                                                                                         CASE NO.

Doina Musina,

                                                                                                                                    RP773/2012                                                                                                                                                                WT294/2012

                                                                                                                                    MN662/2012

against

Mr Fabio Di Fabio T/A Lido Pizza,

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:

             Ms Geraldine Malone, Siptu Organiser Misc, Liberty Hall, Eden Quay, Dublin 1

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

The appellant stated that she commenced employment with the respondent on 1^st June 2008 and was let go without notice or payment in lieu thereof when the business closed down on 1^st April 2012. At the time of termination of employment the appellant was being paid €250.00 gross per week. However she had been paid €350.00 gross per week up to October 2011 and the reduction in hours and pay was to be on a temporary basis. The appellant did not receive any payment from the respondent in respect of a lump sum redundancy payment.

The appellant did not receive any holiday pay or extra payment for public holidays during her employment with the respondent.

Determination

Having considered the uncontested evidence of the appellant the Tribunal awards her €500.00 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and €2,370.00 under the Organisation of Working Time Act, 1997 together with a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

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)