EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Richard Gamos RP589/2014
MN519/2014
WT155/2014
against
Greenbarn Garden & Lifestyle Limited
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: Ms. K.T. O’Mahony BL
Members: Mr. D. Hegarty
Ms. H. Henry
heard this case in Cork on 27 August 2015
Representation:
_______________
Appellant(s):
Mr Finian Dullea, Kelly & Dullea, Solicitors,
5 South Mall, Cork
Respondent(s):
No legal representation
The decision of the Tribunal was as follows:-
The Tribunal is satisfied that the respondent wad duly notified of the hearing.
The appellant’s employment was terminated without prior notice when the respondent’s business was closed.
Determination:
The Tribunal finds that a redundancy situation existed and the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:
Date of birth:
Date of commencement: 01 April 2010
Date of termination: 19 January 2014
Gross weekly pay: €585.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €1,170.00 (this amount being equivalent to two weeks’ gross pay at €585.00 per week).
As the appellant received all due entitlements under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of employment, the claim under the Act is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)