EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Shane Kenny - Claimant
UD1774/2012
RP1281/2012
MN1029/2012
against
Lyndcliff Limited T/A Flanagans / Londis– Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. D. Donovan B L
Members: Mr J. Browne
Mr N. Dowling
heard this claim at Wexford on 25th June 2014
Representation:
Claimant(s) : In Person
Respondent(s) : Not Present or Represented
The determination of the Tribunal is as follows:
Background:
On the morning of the 25th June 2014 the solicitor on record for the respondent contacted the secretariat of the Employment Appeals Tribunal to notify them that he could not contact his client and therefore had no instructions on how to proceed with the case. He advised the Tribunal that, as that was the case, he would not be attending the hearing.
Determination:
The Tribunal are satisfied that the respondent was properly notified of the time, date and location of the hearing. They did not attend.
At the outset the claim under the Redundancy Payments Acts, 1967 to 2007 was withdrawn.
Based on the uncontested sworn evidence the Tribunal finds the claimant was unfairly selected for redundancy as set out in the Unfair Dismissals Acts, 1977 to 2007 and awards the sum of €11,178.82, this being over and above the redundancy payment received.
The Tribunal awards the sum of €2,275.20, this being six weeks gross wages, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)