UD1081/2013, RP741/2013, MN564/2013, WT188/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIMS OF:                                                                                  CASE NO.

Philip Duggan                                                                                                                                 

                                                                                                    UD1081/2013                                      

                                                                                                    RP741/2013

                                                                                                    MN564/2013  

                                                                                                   WT188/2013                                                                        

against

S.M.G. Construction Limited

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

UNFAIR DISMISSALS ACTS, 1977 TO 2007

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms N. O'Carroll-Kelly BL

Members:     Mr R. Murphy

                    Mr J. Flannery

heard this claim at Dublin on 1st October 2014

Representation:

Claimant:

Mr. Colm Dunne, Bowler Geraghty & Company, Solicitors,

             2 Lower Ormond Quay, Dublin 1

Respondent:

             No appearance by or on behalf of the respondent

Background:

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.

At the outset the claimant withdrew his claim under the Unfair Dismissals Acts, 1977 to 2007.

It was the appellant’s uncontested evidence that he commenced employment with the respondent on 1^st January 2009 and was dismissed by way of redundancy on 23^rd April 2013. The appellant had been absent from work due to a work place injury since 19^th January 2013. At the time of his dismissal the appellant was earning €761.62 gross per week. The appellant has not received a redundancy lump sum nor did he receive his statutory notice or payment in lieu thereof.

The appellant received two weeks pay in respect of holidays since the beginning of 2011 and was claiming for 30 days payment for untaken leave up to the end of 2012. Furthermore the appellant was claiming for 15 days public holidays for which he was not paid.

Determination:

Having considered the uncontested evidence of the appellant the Tribunal makes the following awards.

€6,854.58 in respect of unpaid holidays/public holidays under the Organisation of Working Time Act, 1997.

€1,523.24 in respect of minimum notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Together with a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007 in accordance with the criteria below.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

It should be noted that any payment made through the Social Insurance Fund is calculated based on a maximum wage of €600 gross per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)