EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP303/2015
APPEAL OF:
Richard Casburn
against
AMK Hosteleries Limited (In Liquidation)
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B.L.
Members: Mr T. Gill
Ms H. Henry
heard this appeal at Galway on 13th October 2016
Representation:
Appellant: The appellant in person
Respondent: No appearance by or on behalf of the respondent
There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that they were properly notified of the hearing.
Appellant’s case:
The appellant commenced employment with the respondent on 2nd April 2009 and was let go when the business closed down on 1st May 2015. The respondent subsequently went into liquidation. At the time of termination of employment the claimant was earning €750.00 per week.
The claimant asked the respondent to complete a form RP50 so he could be paid a redundancy lump sum but the respondent refused to do so.
Approximately 3 weeks after the claimant was let go by the respondent the business was reopened by another company and he was offered a new job on different terms and conditions to those he had with the respondent. The claimant accepted this new job.
Determination
Having considered the uncontested evidence of the appellant the Tribunal awards him a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
Commencement Date 2nd April 2009
Date notice received N/A
Termination date 1st May 2015
Gross pay €750.00
This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.
It should be noted that any payment made through the Social Insurance Fund is calculated based on maximum earnings of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)