EMPL OYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Sigita Dunkane -appellant 1 RP919/2013
Alvydas Daunaravicius -appellant 2 RP920/2013
Oksana Kempiene -appellant 3 RP921/2013
Ausra Dzekanovskiene (Nee Kempy) - appellant 4 RP922/2013
Ina Jevsejeva - appellant 5 RP923/2013
Rasa Martinkute -appellant 6 RP924/2013
Sandra Prokopiene -appellant 7 RP925/2013
Silvija Valinciene -appellant 8 RP927/2013
Olga Lejasmeijere -appellant 9 RP928/2013
Lina Maselskiene -appellant 10 RP929/2013
Agne Rimkiene -appellant 11 RP926/2013
Augustina Rudyte -appellant 12 RP930/2013
Laura Siupienyte -appellant 13 RP931/2013
against
SCS Cleaning Services Limited -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. N.O’Carroll Kelly B.L.
Members: Mr. L. Tobin
Ms. P. Ni Sheaghdha
heard this appeal at Dublin on 19th August 2014 and 20th November 2015.
Representation:
Appellants: Mr. Richard Grogan, Richard Grogan & Associates,
Solicitors, 16 & 17 College Green, Dublin 2
On 19th August 2014
Ms Michelle Moran, Richard Grogan & Associates,
Solicitors, 16 & 17 College Green, Dublin 2
On 20th November 2015
Respondent: No appearance or representation on behalf of the respondent company which was dissolved effective 30 April 2014
Summary of Evidence:
Two translators were provided by the Tribunal for the hearing.
The respondent company operated a contract cleaning company. Appellant 1 gave evidence to the Tribunal that the hours of work varied from 18 – 28 hours per week. No documentary evidence of earnings was produced in respect of the appellants. The Tribunal directed the appellants’ representative to submit P60s for all appellants showing their earnings for the last full year worked (2012).
Determination:
The Tribunal finds that the appellants listed below were dismissed by reason of redundancy and awards them redundancy payments under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
| Date of Birth | Date of commencement : | Date of termination : | Gross weekly pay: |
Appellant 1 | 27/03/1974 | 06/09/2010 | 12/09/13 | €263.72 |
Appellant 2 | 20/05/1986 | 12/09/2008 | 12/09/13 | €357.78 |
Appellant 3 | 26/03/1977 | 15/07/2011 | 12/09/13 | €227.86 |
Appellant 4 | 03/10/1983 | 11/03/2008 | 12/09/13 | €177.44 |
Appellant 5 | 14/06/1984 | 10/09/2010 | 12/09/13 | €349.81 |
Appellant 6 | 04/12/1976 | 19/04/2007 | 12/09/13 | €158.58 |
Appellant 7 | 13/11/1987 | 15/03/2007 | 12/09/13 | €304.86 |
Appellant 8 | 12/08/1971 | 07/09/2009 | 12/09/13 | €342.54 |
Appellant 9 | 26/01/1963 | 14/03/2008 | 12/09/13 | €182.88 |
Appellant 10 | 05/05/1975 | 12/08/2008 | 12/09/13 | €103.05 |
Appellant 12 | 23/07/1988 | 13/08/2008 | 12/09/13 | €216.67 |
Appellant 13 | 09/05/1985 | 21/05/2007 | 12/09/13 | €131.31 |
These awards are made subject to the appellants fulfilling current social welfare requirements in relation to PRSI contributions.
On the resumed hearing date of 20th November 2015 the representative for the appellant stated that appellant no. 11’s Date of Commencement was 30th September 2011. In the circumstances the Tribunal finds that this appellant did not have the requisite service to bring an appeal under the Redundancy Payments Acts, 1967 to 2007 and her appeal therefore fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)