EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Martin Lambe - appellant RP214/2015 against MN259/2015
Get Fresh Limited / Sean Dermody WT89/2015
– respondent
under
ORGANISATION OF WORKING TIME ACT 1997
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 P. Mcgrath B.L.
Members: Mr J. Horan
Mr F. Keoghan
heard this appeal at Dublin on 29th April 2016
Representation:
Appellant(s) : Ms. Helena Guilfoyle, Dublin 12 & 6w Citizens Information
Centre, 8 Sundrive Road, Crumlin, Dublin 12
Respondent(s) : No appearance or representation on behalf of the respondent
The appellant gave uncontested evidence that the respondent closed down without giving any prior notice to staff and no redundancy payment was received.
On the uncontested evidence of the appellant, the Tribunal finds that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of commencement: 01st April 1991
Date of termination: 31st October 2014
Gross weekly pay: €597.00
The Tribunal also awards the appellant €4776.00 being the equivalent of eight weeks’ notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The appellant is also entitled to 20 days annual leave and therefore is awarded the sum of €2388.00 under the Organisation of Working Time Act, 1997
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)