EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Caroline Kehoe RP909/2014
MN817/2014
Against
Stable Diet 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
Ms S. Kelly
heard this appeal at Wexford on 25th November 2015
Representation:
_______________
Appellant: Ensor O'Connor, 4 Court Street, Enniscorthy, Co. Wexford
Respondent: Not present or represented
Appellant’s case:
The appellant’s evidence was that she commenced working with the respondent on 9th September 2011 and that her employment finished on 31st May2014. She said the respondent told her that he was not renewing the contract with Wexford County Council and that he was making her redundant and furnished her with an RP50.
The claimant is aware that the former head chef for the respondent is now operating the canteen in Wexford County Council but she was never formally informed of this either by the respondent or the former head chef and has not worked in that business since the respondent made her redundant. The claimant said she is entitled to the redundancy lump sum payment from the respondent.
Determination:
The Tribunal finds on the uncontested evidence of the appellant that the claim under the Redundancy Payments Acts, 1967 to 2007, succeeds and that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
Date of Commencement: 9 September 2011
Date of Termination: 31 May 2014
Gross Weekly Pay: €266.00
The claim for Minimum Notice was withdrawn by the appellant’s representative.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)