CORRECTING ORDER
EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD414/12
RP1466/2011
MN1211/2011
WT459/2011
APPEALS OF:
Slawomir Zaborski -appellant
against
Fergus Byrne
Gala Service Station
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
Determination:
This order corrects the original Order dated 30th April 2013 and should be read in conjunction with that Order.
The correct gross weekly pay should read €433.50 and not €627.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)
EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Slawomir Zaborski, 4 Brides Lane, Patrick Street, UD414/12
Tullamore, Co Offaly -appellant RP1466/2011
MN1211/2011
WT459/2011
against
Fergus Byrne, Gala Service Station, Cloncollig,
Tullamore, Co Offaly
Gala Service Station, Cloncollig, Tullamore, Co Offaly
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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. D. Mac Carthy S C
Members: Mr. W. O'Carroll
Mr. P. Trehy
heard this appeal at Tullamore on 5th December 2012
Representation:
Appellant: Mr. Phillip Judge Solicitor & Ms Susan Ryan, Co Offaly Citizens Information Service, Tullamore Citizens Information centre, The Bridge Centre, Tullamore, Co Offaly
Respondent: Ms Catherine Day, Peninsula Business Services, Unit 3 Ground Floor Block S,
East Point Business Park, Dublin 3
Background:
The Tribunal heard evidence from the respondent and the claimant. The respondent is a petrol station and shop. A car wash was opened by the respondent. The claimant was employed to work in the car wash area. The respondent decided to license the car wash and the claimant was involved in the situation. The manager took over the license of the car wash. According to the respondent the claimant agreed to the changeover. It was argued by both sides as to whether a transfer of undertaking occurred or not. The Tribunal heard copious other evidence from both parties as to the work done by the claimant.
Determination:
The Tribunal finds that when the respondent ceased to carry on the car wash side of the business for the purpose of which the claimant was employed there, that the claimant’s position was redundant. accordingly the claim under the Redundancy Payments Acts 1967 to 2007 succeeds.
Date of Birth: 04th April 1980
Service from: 04th June 2007 to 11th February 2011
Normal weekly remuneration: €627.00
Non-reckonable service: Nil
Amount of redundancy payment: €5,040.00
A ceiling of €600 applies to any payments from the Social Insurance Fund and this award is subject to the claimant having been in employment, which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)