RP946/2013, MN706/2013, WT188/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

Arthur Heffernan                                                                                                      

                                                                                                                  RP946/2013                                                                                                                                                                                                                                                                 MN706/2013

                                                                                                                                    WT188/2014

against

ATEC Engineering Limited T/A Greenhouse (Liquidation)

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:   Mr D. MacCarthy S C

Members:     Mr E. Handley

                    Mr D. Thomas

heard this appeal at Dublin on 13th August 2014

Representation:

Appellant:

             Mr Patrick McCormack, Maguire McNeice & Company,

             Solicitors, Bray House, 2 Main St, Bray, Co Wicklow

Respondent:

              Mr. David Montgomery, Thomas Montgomery & Son, Solicitors,

             5 Anglesea Buildings, Upper Georges Street, Dun Laoghaire, Co. Dublin

Claimant’s case:

The appellant was let go without notice when the respondent went into liquidation and his last day of employment was 22^nd February 2013. The leave year ran from 1^st January to 31^st December each year and the appellant had not taken any annual leave during 2013 to the date of termination, nor did he receive payment in lieu of holidays. The appellant has not received any redundancy payment. At the date of dismissal the appellant was earning €1,004.80 per week.

Determination:

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that the respondent was properly served with notice of the hearing.

The appellant was dismissed by way of redundancy and is entitled to a redundancy payment based on the following:

DOB:

Service from: 29/10/1999 to 05/04/2013 (including statutory minimum notice)

Normal weekly remuneration: €1,004.80

Amount of redundancy payment: €16,740.00

This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act, 2005.

The Tribunal awards the Appellant €6,028.80, being 6 weeks wages, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

The Tribunal also awards the appellant €1,406.72, being 7 days pay, under the Organisation of Working Time Act, 1991. This award is based on the appellant’s statutory entitlement to 20 days holidays per year.

It should be noted that any payment made through the Social Insurance Fund is calculated based on maximum earnings of €600.00 per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)