EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Vytautas Raugas RP430/2014
-appellant
against
Henry Gaughan -respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Daly B.L.
Members: Mr. D. Morrison
Ms. A. Moore
heard this appeal at Letterkenny on 19th November 2015
Representation:
_______________
Appellant: Mr. Jevgenijs Abolins, Ardeskin Heights 38, Donegal Town, Co Donegal
Respondent: No appearance or representation on behalf of the respondent
Determination
The Tribunal is satisfied that the respondent was properly put on notice of this hearing, yet he failed to attend. The appellant worked as a deck hand on a crab fishing boat, the Aine Patricia, which the respondent was the owner and captain of. He worked for the respondent from May 2009 until his employment terminated in June 2013. He worked full-time alongside 5 other staff. The appellant submitted copies of his P60’s and P45.
In June 2013 the appellant got a phone call from the respondent to say there were some engine problems with the boat and he was going to try and fix them. The respondent told the appellant that he would contact him again in 2 weeks. The respondent never contacted the appellant again and despite numerous attempts by the appellant he could not get in contact with the respondent. The fishing boat has not been fixed and is no longer operational.
Based on the uncontested evidence of the appellant, the Tribunal find that he is entitled to a redundancy lump sum under the Redundancy Payments Acts 1967 to 2007 based on the following;
Date of Commencement: 26 May 2009
Date of Termination: 06 June 2013
Gross Weekly Pay: €350.00
Please note that this award is made subject to the appellant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)