PW443/2013, TU59/2013

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

PW443/2013

TU59/2013

APPEAL OF:                                                                                              

Mark Sheahan                -   appellant                                                   

against the recommendation of a Rights Commissioner:

Mr Binman (In Recievership)    -          respondent

under

PAYMENT OF WAGES ACT, 1191

PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. Hurley

Members:   Mr. W. O’Carroll

                   Ms. S. Kelly

heard this claim at Limerick on 04^th November 2015

Representation:

Claimant:         Glenn Cooper, Dundon Callanan, Solicitors, 17 The Crescent, Limerick

Respondent:    Mr. Kristian Douglas BL instructed by: KPMG, 1 Stokes Place, St. Stephens Green, Dublin 2

This case came before the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner Ref: r-124834-pw-12/GC.

Determination:

The claim under the Protection of Employees on Transfer of Undertakings Regulations 2003 is withdrawn

The claimant withdrew his claim as to the quantum of the Rights Commissioner’s award under the Payment of Wages Act 1991. Both parties requested the Tribunal to affirm the decision of the Rights Commissioner under that Act.

Accordingly, the Tribunal upholds the decision of the Rights Commissioner Ref: r-124834-pw-12/GC in awarding the Claimant the sum of €12,687.00, this being €8,274.00 in lieu of six weeks’ notice and €4,413.00 in lieu of annual leave.

This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.

Note: A gross weekly ceiling of €600.00, applies to payments from the Social Insurance Fund.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

           (CHAIRMAN)