EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Sharon Heffernan -claimant UD295/2014
RP117/2014
MN108/2014
WT39/2014
against
Michael & Elizabeth Foley -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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. Hennessy
Ms S. Kelly
heard this claim at Waterford on 6th March 2015
Representation:
Claimant: In person
Respondent: No appearance or representation on behalf of the respondent.
Background:
The claimant’s employment transferred from a company (of which the respondents were directors) to the respondents during the course of her employment. The respondents were notified of the hearing to their last known address. The registered post was returned marked “not called for” and was resent by ordinary post. There was no appearance by or on behalf of the respondents at the hearing. The claimant was employed as a chef and her employment terminated when the business closed.
Determination:
The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth:
Date of Commencement: 1 October 2007
Date of Termination: 29 October 2013
Gross Weekly Pay: €469.37
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal also finds that the claimant is entitled to the sum of €1,877.48 (being the equivalent of four weeks’ gross pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the sum of €1,220.36 for 13 days holiday pay outstanding under the Organisation of Working Time Act, 1997.
The claim under the Unfair Dismissals Acts, 1977 to 2007 was withdrawn during the course of the hearing.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)