RP642/2013, MN460/2013, WT162/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEALS OF:                                                                                                CASE NO.

Zita Jokubaitiene                                                                                           RP642/2013

-claimant                                                                                                        MN460/2013

                                                                                                                        WT162/2013

Against

Corporate Staffing Solutions Limited (In Liquidation)

-respondent

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. P.  Wallace

Members:       Mr. W.  O'Carroll

                        Ms H.  Henry

heard this appeal at Limerick on 21st November 2014

Representation:

_______________

Appellant:       Mr Gerard Kennedy, SIPTU, Liberty Hall, Eden Quay, Dublin 1

Respondent:    No appearance or representation on behalf of the respondent

Determination

The Tribunal is satisfied that the respondent was properly put on notice of this hearing, but neither they nor a representative on their behalf attended the hearing.

The respondent (a contract cleaning company) went into liquidation in May 2012. After correspondence with the liquidator, the appellant pursued a redundancy payment with the liquidator which delayed her from lodging her claim with the Tribunal.  The Tribunal find that reasonable circumstances existed to prevent the appellant from lodging her claim within the prescribed time-limit and is therefore extending the time-limit, accepting jurisdiction to hear this case.

The Tribunal find that the appellant was dismissed by way of redundancy and award a lump sum under the Redundancy Payments Acts, 1967 to 2007 based on the following;

Date of Commencement:       1^st March 2009

Date of Termination:              16^th April 2012

Gross weekly pay:                  €316.59

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

The Tribunal award the appellant €633.18, being the equivalent to two weeks’ pay in lieu of notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

The appeal under the Organisation of Working Tune Act, 1997 was withdrawn.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)