EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD437/2014
RP173/2014
MN179/2014
CLAIM(S) OF:
Anna Czuba – claimant
Against
Nine One One Retail Limited (In Liquidation) – respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr. N. Ormond
Mr N. Dowling
heard this claim at Dublin on 7th July 2016
Representation:
_______________
Claimant(s): Mr Krystian Boino, Hoban Boino, Solicitors, Suite 114, Capel Building, Mary's Abbey, Dublin 7
Respondent(s) : No appearance by or on behalf of the Liquidator
The determination of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the respondent (Liquidator). The Tribunal is satisfied that the respondent was on notice of the hearing. The respondent business ceased operations on 28th February 2014 without notice to the employees.
Determination:
The claimant withdrew her claim under the Unfair Dismissals Acts, 1977 to 2007.
She gave evidence of acquiring alternative work in mid-March 2014.
The Tribunal is satisfied that a redundancy situation occurred and that the claimant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of Commencement: 10th January 2008
Last day worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €354.90
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 €1,419.60 (one thousand four hundred and nineteen euro, sixty cent) in respect of four weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The date of termination has been amended to reflect this award.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)