EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Magdalena Gaj,
– appellant RP204/2014
MN205/2014
WT76/2014
Against
Mohammad Tariq
T/A Variety And Value
- respondent
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: Ms O. Madden B.L.
Members: Mr J. Hennessy
Ms. N. Greene
heard this appeal at Portlaoise on 3rd June 2014
Representation:
Appellant(s) : Mr Peter McNamara, Laois Citizens Information Service,
Kellyville, Lyster Square (Over Mulhalls), Portlaoise, Co. Laois
Respondent(s) : Mr John Wylie (Accountant), John Wylie & Co
29 Oliver Plunkett Street, Mullingar, Co Westmeath
The decision of the Tribunal was as follows:-
Determination
The respondent was represented by his accountant and did not attend the hearing due to illness. It was accepted by the Tribunal that the respondent was unable to attend the hearing in person.
The appellant’s redundancy, minimum notice and working time claims were not contested by the respondent. The date the appellant ceased employment was at issue as she was on a period of unpaid maternity leave at the time the respondent closed down. The appellant was due to return from maternity leave on the 1 April 2013. The respondent’s business closed down on the 6 June 2012.
In the circumstances the appellant’s cessation date is protected by the Maternity Protection Acts, 1994 to 2004. The Tribunal finds that the appellant is entitled to a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007 based on the following details:
Date of birth:
Date of commencement: 13 October 2008
Date of termination: 1 April 2013
Gross weekly pay: €359.29
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The parties agreed a sum of €940.25 was due to the appellant in lieu of two weeks minimum notice and holiday pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)