EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Stephen Condon UD1705/2012
RP1222/2012
MN959/2012
against
Seamus Danaher
&
Danaher Fitted Furniture Limited
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Hurley
Members: Ms M. Sweeney
Mr. J. Flavin
heard this claim at Limerick on 19th January 2015
Representation:
Claimant: Mr. Pat O'Donoghue, Siptu, Membership Information & Support
Ce, Liberty Hall, Dublin 1
Respondent: No appearance or representation
Determination:
There was no appearance for or on behalf of the respondent. The Tribunal is satisfied that proper notification was sent to the respondent. The claimant withdrew his claim under the Unfair Dismissals Acts, 1977 to 2007.
Based on the uncontested evidence of the appellant the Tribunal is satisfied that a redundancy situation existed in this case. The Tribunal finds that the appellant is entitled to a redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following information:
Date of Birth:
Date of Commencement: 01st September 2003
Date of Termination: 08th October 2012
Gross Weekly Wage: €649.57
Non-reckonable service due to lay-off: 01st January 2010 to 01st November 2010
Non-reckonable service due to lay-off: 16th December 2011 to 08th October 2012
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, is dismissed as the claimant was on lay-off.
This award is subject to the appellant having been in employment, which is insurable for all purposes under the Social Welfare Consolidation Act 2005. A weekly ceiling of Gross €600.00, applies to payments from the Social Insurance Fund.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)