RP864/2012, MN719/2012 CO

CORRECTING ORDER

EMPLOYMENT APPEALS TRIBUNAL

APPEALS OF:                                                                                                           CASE NO.

Brian Whelan                                                                                                             RP864/2012

                                                                                                                                   MN719/2012

against

M. Barron Limited

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                    Mr F. Dorgan

heard this appeal at Waterford on 10th February 2014

Representation:

Appellant: Mr Diarmuid Enright, UCATT, UCATT House, 56 Parnell Square West, Dublin 1

Respondent: Joseph P. Gordon, Solicitors, Burgery, Dungarvan, Co. Waterford

Determination

This order corrects the original order dated 13^th March 2014 and should be read in conjunction with that order. The respondent should read M. Barron Limited.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)

EMPLOYMENT APPEALS TRIBUNAL

APPEALS OF:                                                                                                           CASE NO.

Brian Whelan, Currabaha West, Kilmacthomas, Co. Waterford                               RP864/2012

                                                                                                                                    MN719/2012

against

Penn Products Limited, Rainbow View, Kilmacthomas, Co. Waterford

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                    Mr F. Dorgan

heard this appeal at Waterford on 10th February 2014

Representation:

Appellant:

             Mr Diarmuid Enright, UCATT, UCATT House, 56 Parnell Square West, Dublin 1

Respondent:

             Joseph P. Gordon, Solicitors, Burgery, Dungarvan, Co. Waterford

Background:

It was common case that the appellant was placed on temporary lay off on 9^th January 2012 and that he was then made redundant by the respondent on 27^th April 2012. The respondent notified the appellant of the redundancy but did not pay him wages for the notice period.

Determination:

The Tribunal is satisfied that the appellant’s employment was terminated by way of redundancy without notice on 27^th April 2012. Accordingly, the appeals under the Redundancy Payments Acts, 1967 to 2007 and the Minimum Notice and Terms of Employment Acts, 1973 to 2005 are allowed and the appellant is awarded €5,440.00 in respect of minimum notice together with a statutory lump sum payment based on the following:

Date of Birth:                     12^th July 1971

Date of Commencement:   18^th September 1987

Date of Termination:           27^th April 2012

Lay-off:                               9^th January 2012 to 27^th April 2012

Gross Weekly Wage:           €680.00 (capped at €600.00 )

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)