EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Paulius Mikalauskas
- appellant RP644/2013
WT163/2013
Against
Irish Polymer and Metal Processing Limited
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T O'Mahony B.L.
Members: Mr J. Browne
Mr D. McEvoy
heard this appeal at Cork on 17 November 2014
Representation:
Appellant(s) : Mr Barry Murphy, Eugene Carey & Co., Solicitors,
Courthouse Chambers, Mallow, Co. Cork
Respondent(s) : no appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that both parties were on notice of the hearing. As there was no appearance by or on behalf of the respondent the Tribunal heard the uncontested evidence of the appellant.
The appellant submitted that the respondent had misled him to believe he would receive his holiday pay for two weeks in 2011 and four weeks in 2012. He had taken only two weeks holidays in 2011 and took no holidays in 2012. The respondent had never provided him with a contract of employment and as a result did not know how to pursue his holiday pay claim. The appellant never received his P45 from the company.
Based on the uncontested evidence the Tribunal determines that the appellant’s employment ended by reason of redundancy and awards him a redundancy lump sum based on the following criteria:
Date of birth:
Date of commencement: 07 October 2002
Date of termination: 29 November 2012
Gross weekly pay: €627.80
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that payments from the social insurance fund are limited to a maximum of €600.00 per week.
Having considered the appellant’s evidence the Tribunal is satisfied that there was reasonable cause for the appellant’s failure to lodge his holiday claim within the prescribed statutory 6-month time limit and extends the time for making the claim by 12 months from the expiration of the statutory period under Section 27(5) of the Organisation of Working Time Act, 1997. The Tribunal awards the appellant compensation in the sum of €3,766.80 under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)