RP666/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                                      CASE NO.

Tung Lai – appellant                                                                                                               RP666/2014

Against

Wongs Restaurant (Ranelagh) Limited – respondent

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr. P.  O'Leary B L

Members:       Mr D.  Peakin

Mr J. Maher

heard this appeal at Dublin on 23rd October 2015

Representation:

_______________

Appellant(s):              In person

Respondent(s):           No appearance or representation

The decision of the Tribunal was as follows:-

There was no appearance by or representation on behalf of the respondent. The respondent’s solicitor wrote to the Tribunal on 8^th October 2015 and stated that as the respondent had ceased to trade and had no assets they would not be attending the hearing. 

The appellant gave evidence that on 8^th January 2013 there was a fire at the respondent’s restaurant where the appellant worked.  He received a letter dated 16^th January 2013 which stated that the owners were confident that the restaurant would reopen and that the employees were guaranteed their jobs back on reopening.  The appellant made numerous phone calls to his employer over the next year and a half in an effort to find out when the restaurant was reopening.  However, the restaurant never reopened.  The appellant then made an application to the Tribunal. 

Determination:

The Tribunal is satisfied that a redundancy situation occurred and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:

Date of Birth:                        

Date of Commencement:       8^th December 2002

Last Day Worked:                  8^th January 2013

Date of Termination:              19^th February 2013

Weekly Gross Pay:                 €348.70

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

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)