EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD708/2014, UD709/2014, UD710/2014, UD712/2014, UD713/2014, UD714/2014, UD719/2014, UD720/2014, UD723/2014, UD724/2014, UD725/2014, RP345/2014, RP346/2014, RP347/2014, RP348/2014, RP349/2014, RP350/2014, RP353/2014, RP354/2014, RP357/2014, RP358/2014, RP359/2014, MN330/2014, MN331/2014, MN332/2014, MN333/2014, MN336/2014, MN337/2014, MN340/2014, MN341/2014, MN344/2014, MN345/2014, MN346/2014
CLAIM(S) OF:
Timea Balassa – claimant 1
Marzena Baniewicz – claimant 2
Katarzyna Gasior – claimant 3
Piotr Gil – claimant 4
Liucija Jurgelevic – claimant 5
Jacek Kita – claimant 6
Mariusz Niziol – claimant 7
Jacek Owczarek – claimant 8
Karolina Urban – claimant 9
Agnieszka Wozniak – claimant 10
Krystyna Zareba – claimant 11
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:
All claims under the Unfair Dismissals Acts, 1977 to 2007, were withdrawn during the hearing.
The Tribunal is satisfied that a redundancy situation occurred and that the claimants are entitled to redundancy lump sum payments under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Claimant 1 (TB):
Date of Commencement: 24th August 2009
Last Day Worked: 28th February 2014
Date of Termination: 14th March 2014
Weekly Gross Pay: €285.00
Claimant 2 (MB):
Date of Commencement: 4th February 2008
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €325.00
Claimant 3 (KG) :
Date of Commencement: 28th August 2006
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €354.90
Claimant 4 (PG):
Date of Commencement: 6th November 2006
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €354.90
Claimant 5 (LJ):
Date of Commencement: 10th August 2006
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €354.90
Claimant 6 (JK):
Date of Commencement: 1st November 2010
Last Day Worked: 28th February 2014
Date of Termination: 14th March 2014
Weekly Gross Pay: €320.00
Claimant 7 (MN):
Date of Commencement: 21st January 2008
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €337.35
Claimant 8 (JO):
Date of Commencement: 8th September 2008
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €320.00
Claimant 9 (KU):
Date of Commencement: 7th November 2007
Last Day Worked: 28th February 2014
Date of Termination: 7th March 2014
Weekly Gross Pay: €354.90
Claimant 10 (AW):
Date of Commencement: 7th October 2006
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €354.90
Claimant 11 (KZ):
Date of Commencement: 27th October 2008
Last Day Worked: 28th February 2014
Date of Termination: 28th March 2014
Weekly Gross Pay: €337.35
These awards are made subject to the appellants having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal awards claimant 1 (TB) €570.00 (five hundred and seventy euro) in respect of two 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.
The Tribunal awards claimant 2 (MB) €1,300.00 (one thousand three hundred) 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.
The Tribunal awards claimant 3 (KG) €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.
The Tribunal awards claimant 4 (PG) €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.
The Tribunal awards claimant 5 (LJ) €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.
The Tribunal awards claimant 6 (JK) €640.00 (six hundred and forty euro) in respect of two 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.
The Tribunal awards claimant 7 (MN) €1,349.40 (one thousand three hundred and forty-nine euro forty cent) in respect of 4 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.
The Tribunal awards claimant 8 (JO) €1,280.00 (one thousand two hundred and eighty euro) 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.
The Tribunal awards claimant 9 (KU) €354.90 (three hundred and fifty-four euro ninety cent) in respect of one week’s pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The claimant commenced in alternative employment after one week. The date of termination has been amended to reflect this award.
The Tribunal awards claimant 10 (AW) €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.
The Tribunal awards claimant 11 (KZ) €1,349.40 (one thousand three hundred and forty-nine euro forty 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)