EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Marie Whelan (Hogan) -appellant RP515/2014
MN478/2014
WT141/2014
against
Liam & Joseph Fraser T/A Fraser Oil -respondents
under
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 N. Russell
Members: Mr J. Hennessy
Ms S. Kelly
heard this appeal at Carlow on 9th April 2015
Representation:
Appellant: In person
Respondent: No appearance or representation on behalf of the respondents.
Determination:
It was the appellant’s evidence that her employment terminated without notice when the respondents’ business closed. Based on the uncontested evidence of the appellant the Tribunal finds that she is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Commencement: 10 June 2011
Date of Termination: 2 May 2014
Gross Weekly Pay: €151.38
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal notes that the appellant has received €193.76 as part payment of the redundancy lump sum from the respondent.
The Tribunal also finds that the appellant is due €302.76 (being the equivalent of two weeks’ gross pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The appellant is also entitled to the outstanding sum of €346 under the Organisation of Working Time Act, 1997 as payment in lieu of bank holidays.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)