EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Phyllis Kelly
- appellant RP883/2014
MN785/2014
Against
Arbaton Catering Limited
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
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 20 January 2016
Representation:
Appellant(s) : In person
Respondent(s) : Mr Philip Ward (company director)
The decision of the Tribunal was as follows:-
Determination
The Tribunal heard the appellant commenced employment with the respondent company in June 1997. Her employment ended when the business closed down in May 2013. The appellant filed her claim with the Employment Appeals Tribunal on the 31 October 2014. The appellant was aware of financial issues in the business but understood that it would re-open. Having learned in September 2014 that the business was not re-opening the appellant filed her claim. Company director (PW) acknowledged that the appellant was entitled to the claims before the Tribunal.
In all the circumstances the Tribunal is satisfied to extend the time to two years to bring the claim under the Redundancy Payments Acts as the appellant had a genuine expectation that the business would re-open. The Tribunal finds that the appellant is entitled to a redundancy payment calculated on the following criteria:
Date of Birth:
Date of Commencement: 1 June 1997
Date of Termination: 19 May 2013
Gross Weekly Pay: €117.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal allows the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, and awards the appellant the sum of €936.00 this amount being equivalent to eight weeks’ gross pay.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)