EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Christina Brady RP103/2015
MN135/2015
WT53/2015
against
Respondent One: Mega Fashion Limited T/A Auto Fit
and
Respondent Two: Mega Fashion Limited T/A New Vibe
and
Respondent Three: New Vibe
and
Respondent Four: Farhad Taimoor
and
Respondent Five: Farhad Taimoor T/A New Vibe
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. A. Taaffe
Members: Mr. J. Horan
Mr. C. Ryan
heard this case in Dublin on 24 March 2016
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation
The decision of the Tribunal was as follows:-
The appellant lodged a claim that her employment, which commenced on 19 January 2011, ended without notice by reason of redundancy on 2 September 2014. Her gross weekly pay at termination was assessed at €175.00 for eighteen to twenty hours. .
A claim was also made under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of employment with the respondent.
No evidence was offered by or on behalf of any of the respondents to whom hearing notification was sent.
Determination:
For the purposes of awards under the cited legislation the Tribunal finds the appropriate respondent to be Respondent Four above.
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of birth:
Date of commencement: 19 January 2011
Date of termination: 02 September 2014
Gross weekly pay: €175.00
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 €350.00 (this amount being equivalent to two weeks’ gross pay at €175.00 per week).
In addition, the Tribunal awards the appellant the sum of €700.00 (this amount being equivalent to four weeks’ holidays) at €175.00 per week under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of her service with her employer.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)