EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Mark Farrell
- appellant RP833/2014
WT228/2014
Against
KD Entertainment Limited
T/A East Nightclub & Venue
- respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr. W. O'Carroll
Ms H. Murphy
heard this appeal at Galway on 7th January 2016
Representation:
Appellant(s) :
Ms. Gormla O Duinn, County Westmeath Citizens Information
Centre, Athlone Citizens Information Centre, St. Marys Square, Athlone, Co. Westmeath
Respondent(s) : Company Director Mr Anthony Kilcar
The decision of the Tribunal was as follows:-
Determination
The appellant commenced employment with the respondent company in October 2009 in the role of providing security at the door of the respondent’s licensed premises. In January 2014 the respondent engaged the services of another company to provide security at the premises. The respondent offered the appellant the option of transferring to the new security company with less hours and reduced pay. The respondent also offered the appellant redundancy as an option and a letter confirming this offer was opened to the Tribunal. The appellant opted for redundancy but never received his redundancy payment entitlement.
Company director of the respondent company (AK) gave evidence of engaging the services of an HR company to deal with employment matters. His evidence was that he did not have any knowledge of the letter offering redundancy as an option to the appellant. The witness accepted that he was the author of another letter detailing a redundancy payment plan which was sent to the appellant.
The Tribunal is satisfied that the appellant’s employment ended by way of redundancy. The Tribunal awards the appellant a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following details:
Date of Commencement: 30 October 2009
Date of Termination: 24 January 2014
Gross Weekly Pay: €302.87
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The respondent acknowledged the appellant was entitled to €482.31 in lieu of annual leave entitlements and therefore the Tribunal awards that sum under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)