EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Karolina Michalak UD5/2014
RP1/2014
against
3 Miasto Limited
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Ms. M. Sweeney
Mr. D. McEvoy
heard this claim at Cork on 10th April 2015
Representation:
Claimant:
Eoin Murphy Solicitors, Coolbawn House, Broderick Street, Midleton, Co. Cork
Respondent:
No appearance by or on behalf of respondent
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that it was duly notified of the hearing.
Claimant’s case:
At the outset the claimant withdrew her claim under the Unfair Dismissals Acts, 1977 to 2007.
The claimant commenced employment with the respondent on 12th December 2010. On 30th December 2012 the claimant went on maternity leave and was due to return to work on 30th June 2013. However she received a text message from the respondent in May 2013 stating that the company had ceased trading and her P45 would be issued to her. The claimant never received a redundancy payment. At the time of termination of employment the claimant was earning €328.68 per week.
Determination
Having considered the uncontested evidence of the appellant the Tribunal awards her a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
DOB | |
Commencement Date | 12th December 2012 |
Maternity leave | 30th December 2012 to 30th June 2013 |
Termination date | 30th June 2013 |
Gross pay | €328.68 per week |
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)