EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Elena Georgiana Abaza – appellant RP917/2014
MN1/2016
WT270/2014
Against
Seafield Cafe And Coffee Bar Limited (In Liquidation) – respondent 1
&
Bitoju Limited T/A Lennox Café – respondent 2
under
ORGANISATION OF WORKING TIME ACT 1997
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary BL
Members: Mr E. Handley
Ms M. Maher
heard this appeal at Dublin on 4th March 2016
Representation:
_______________
Appellant(s) : Mr Marius Marosan
95 Viking Harbour, Usher's Island, Dublin 8
Respondent(s): No appearance by Liquidator of Respondent 1 and no appearance or representation by respondent 2
The decision of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the Liquidator who was appointed to the first named respondent on 21st August 2014. The Tribunal notes the correspondence from the Liquidator who did not enter a response as there were no employees at the time of his appointment. The appellant’s employment ceased when the restaurant she worked in closed without notice on 29th July 2014. She was not given a redundancy payment or any payment in respect of notice.
Determination:
The Tribunal is satisfied that a redundancy situation occurred in this case and that the appellant is entitled to a redundancy lump sum payment based on the following information:
Date of Commencement: 12th August 2008
Notice of Termination: 29th July 2014
Date of Termination: 26th August 2014 (adjusted for notice awarded)
Weekly Gross Pay: €409.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal also awards the appellant €1,636.00 (one thousand six hundred and thirty-six euro) in respect of four weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The claim under the Organisation of Working Time Act was dealt with by a Rights Commissioner and so is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)