EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD646/2014
RP209/2014
MN5/2016
WT4/2016
APPEAL(S) OF:
Kinga Michalak
Against
Nine One One Retail Limited (In Liquidation)
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT 1997
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 appeal at Dublin on 8th July 2016
Representation:
_______________
Claimant: Mr Kamil Zys, 67 Annagh Court, Waterville, Dublin 15
Respondent: Mr Graham Hanlon, Hanlon & Company, Solicitors, 6 Richmond Road, Drumcondra, Dublin 3
The claimant’s representative withdrew the claim under the Unfair Dismissals Acts, 1977 to 2007. 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.
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: 02nd November 2011
Last day worked: 28th February 2014
Date of Termination: 28th February 2014
Weekly Gross Pay: €305.20
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 €610.40 in respect of two weeks’ pay under the under the Minimum Notice and Terms of Employment Acts 1973 to 2005. No award is made under the Organisation of Working Time Act 1997 as an existing Rights Commissioner order (r-143411-wt-14/RG exists.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)