EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP188/2015
MN231/2015
WT83/2015
APPEAL(S) OF:
Jennifer Eaton
against
Stephen Harris T/A Harris Xl T/A O Boyce’s Mace
and
Stephen Harris T/A Harris Xl T/A O Boyce’s Mace
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. A. Courell BL
Members: Mr. D. Morrison
Ms. A. Moore
heard this case in Letterkenny on 16 June 2016
Representation:
_______________
Appellant(s):
Mr. James Canny, Canny Corbett Solicitors, Bridge St, Donegal, Co. Donegal
Respondent(s):
No attendance or representation
The decision of the Tribunal was as follows:-
The appellant claimed that her employment, which commenced on 11 October 2004, ended (with only two out of six weeks’ due notice) by reason of redundancy on 30 October 2014. Her gross weekly pay was €263.82.
A claim was also made under the Organisation of Working Time Act, 1997, in respect of some ten days’ holidays outstanding at the time of termination of employment with the respondent.
No evidence was offered by the respondent at the Tribunal hearing to argue against the appellant’s entitlements.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of commencement: 11 October 2004
Date of termination: 30 October 2014
Gross weekly pay: €263.82
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €1055.28 (this amount being equivalent to four weeks’ gross pay at €263.82 per week).
In addition, the Tribunal awards the appellant the sum of €648.70 (this amount being equivalent to ten days’ holidays based on a daily rate of €64.87 averaged over preceding months) under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of her employment with the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)