EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Brian Whelan, RP864/2012
MN719/2012
against
Penn Products Limited
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
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:
Mr Diarmuid Enright, UCATT, UCATT House, 56 Parnell Square West, Dublin 1
Respondent:
Joseph P. Gordon, Solicitors, Burgery, Dungarvan, Co. Waterford
Background:
It was common case that the appellant was placed on temporary lay off on 9th January 2012 and that he was then made redundant by the respondent on 27th April 2012. The respondent notified the appellant of the redundancy but did not pay him wages for the notice period.
Determination:
The Tribunal is satisfied that the appellant’s employment was terminated by way of redundancy without notice on 27th April 2012. Accordingly, the appeals under the Redundancy Payments Acts, 1967 to 2007 and the Minimum Notice and Terms of Employment Acts, 1973 to 2005 are allowed and the appellant is awarded €5,440.00 in respect of minimum notice together with a statutory lump sum payment based on the following:
Date of Birth:
Date of Commencement: 18th September 1987
Date of Termination: 27th April 2012
Lay-off: 9th January 2012 to 27th April 2012
Gross Weekly Wage: €680.00 (capped at €600.00 )
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)