EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP834/2014
APPEAL(S) OF:
Karen Brennan
- appellant
Against
Remo Scappaticci T/A Remos Takeaway
- respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Browne
Mr A. Butler
heard this appeal at Portlaoise on 7th May 2015
Representation:
_______________
Appellant(s) : In person
Respondent(s) :
Mr Alan E. F. Millard, Millards, Solicitors, 29 Dublin Street, Carlow, Co Carlow
The decision of the Tribunal was as follows:-
Determination
The respondent conceded that a redundancy situation existed in this case. The hourly rate was disputed by the respondent.
The respondent submitted the hourly rate of pay was €10 while the appellant submitted the hourly rate of pay was €12. The appellant gave evidence that the respondent’s daughter had taken over the running of the business in October 2013 and reduced her rate of pay to €10. The respondent returned to the business in February 2014. The appellant conceded that at the time of her employment ending by way of redundancy her pay was €10 per hour.
The Tribunal is satisfied that a redundancy situation existed and accordingly finds that the appellant is entitled to payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
Employment commenced 1 April 2009
Employment ended 27 March 2014
Gross pay weekly €90.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)