EMPLOYMENT APPEALS TRIBUNAL
COMPLAINTS OF: CASE NO.
John McCabe I2/2014
Ann Marie McCabe I3/2014
against the decision of against the decision of The Minister for Social Protection in the case of:
McCabe Builders Limited
under
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS 1984 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B.L.
Members: Mr F. Cunneen
Mr J. Maher
heard this complaint at Dublin on 5th June 2015 and 25th September 2015
Representation:
_______________
Complainants: In Person
Respondent: BDO, Beaux Lane House, Mercer Street Lower, Dublin 2
Ms Ann-Marie Dunne and Ms Terri Campbell,
Redundancy Payments Section, Department of Social Protection, Block C, Floor 2, Earlsfort Centre, Lower Hatch Street, Dublin 2
Determination
On the first day of hearing the complainant’s gave evidence of their claim. The representatives for the Minister for Social Protection gave evidence that if the proper supporting documentation had been provided to them by the receiver the claim for arrears of wages and holiday pay could have been processed without a Tribunal hearing being necessary.
The Tribunal instructed the receiver to produce the relevant documentation within two weeks of the hearing. As they failed to produce the documentation a further hearing took place on the 25th of September 2015. Although the Tribunal are satisfied that the receiver was properly on notice of the hearing they failed to attend. The Tribunal must therefore make a determination in the absence of the records held by the receiver.
The Tribunal determine that the complainant John McCabe is entitled to receive €770.99 being one week’s arrears in wages due and €3,042.55 in outstanding holiday pay.
The Tribunal determine that the complainant Ann Marie McCabe is entitled to receive €1,754.69 in outstanding holiday pay.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)