EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Khandkar Karim– appellant RP717/2014
WT204/2014
Against
Tradaree Holdings Limited
- respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr T. Gill
Ms H. Henry
heard this appeal at Ennis on 1st December 2015
Representation:
Appellant(s) : Ms Pauline McNamara, Citizens Information, Bindon Street, Ennis, Co. Clare
Respondent(s) : no appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that all parties were on notice of the hearing. As there was no appearance by or on behalf of the respondent the Tribunal heard the appellant’s uncontested evidence.
The appellant gave evidence of commencing employment with the respondent company in April 2010. He had accrued thirty four days holidays up to March 2014 when his employment ended. On his return from holiday he learned of the change of ownership in the business where he was employed from a colleague. The appellant was not paid for the holidays he took. He received a P45 with an incorrect date of termination of his employment. The appellant made a number of attempts to contact the employer but was unsuccessful.
Based on the uncontested evidence of the appellant the Tribunal find that he is entitled to a redundancy payment under the Redundancy Payments Acts, 1967 to 2007 calculated on the following criteria:
Date of Commencement: 25 April 2010
Date of Termination: 3 March 2014
Gross Weekly Pay: €500.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal further awards the appellant the sum of €2,500.00 under the Organisation of Working Time Act 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)