EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Tony Roche -claimant UD934/2010
RP1263/2010
MN883/2010
against
Alarm Specialists Limited -respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
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: Mr. N. Russell
Members: Mr. J. Browne
Ms. S. Kelly
heard this claim at Carlow on 6th September 2016
Representation:
Claimant: In person
Respondent: The respondent company was dissolved effective from 27th August 2014
Background:
The claimant was employed as an alarm engineer with the respondent company from September 2007. In October 2009 the claimant was contacted by a company director and informed that the company was closing.
Determination:
The Tribunal finds that the claimant was in insurable employment with the respondent company. Based on the claimant’s uncontested evidence the Tribunal finds that he is entitled to a payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth: 15th April 1960
Date of commencement: 3rd September 2007
Date of termination: 30th October 2009
Gross weekly pay: €625.00
These awards are subject to the appellants having been in insurable employment under the Social Welfare Acts during the relevant period.
It should be noted that payments from the social insurance fund are limited to a maximum of €600.00 per week
The Tribunal awards the claimant the sum of €1,250.00 (being the equivalent of two weeks’ gross pay) under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The Tribunal dismisses the claim under the Unfair Dismissals Acts, 1977 to 2007, having found that a redundancy situation existed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)