EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP66/2014
MN62/2014
WT22/2014
APPEAL(S) OF:
John Gaffey
against
Glenbank Construction Limited
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: Mr. J. Fahy BL
Members: Mr. T.L. Gill
Ms. H. Murphy
heard this appeal in Galway on 9 July 2015
Representation:
_______________
Appellant(s):
Ms Mary Sweeney, Co. Roscommon Citizens Information Service Limited, Unit 17 & 18, Castle View, Castle Street, Roscommon
Respondent(s):
Mr. Eric Gleeson, Eric Gleeson & Co. Solicitors, Shop Street, Tuam, Galway.
The decision of the Tribunal was as follows:-
The appellant claimed that his employment, which commenced on 15 March 1988, ended without notice by reason of redundancy on 24 July 2013. His gross weekly pay was €505.80.
A claim was also made under the Organisation of Working Time Act, 1997, in respect of five weeks’ holidays outstanding at the time of termination of employment with the respondent.
No evidence was offered on behalf of the respondent to dispute the appellant’s entitlements.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of commencement: 15 March 1988
Date of termination: 24 July 2013
Gross weekly pay: €505.80
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €4,046.40 (this amount being equivalent to eight weeks’ gross pay at €505.80 per week).
In addition, the Tribunal awards the appellant the sum of €2,529.00 (this amount being equivalent to five weeks’ gross pay at €505.80 per week) under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of his employment with the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)