CORRECTING ORDER
EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD664/2014
RP193/2014
MN2/2016
CLAIM(S) OF:
Malgorzata Wyrostek
- claimant
Against
Nine One One Retail Limited (In Liquidation)
– 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: Ms P. McGrath B.L.
Members: Mr. N. Ormond
Mr N. Dowling
heard this claim at Dublin on 8th July 2016
Representation:
_______________
Claimant(s): In Person
Respondent(s): Mr Graham Hanlon, Hanlon & Company, Solicitors, 6 Richmond Road, Drumcondra, Dublin 3
The decision of the Tribunal was as follows:-
This order corrects the original Order dated 27th July 2016 and should be read in conjunction with that Order. The minimum notice award has been amended.
There was no appearance by or representation on behalf of the Liquidator. The Tribunal is satisfied that he was on notice of the hearing. The claimant was one of many who were dismissed without notice when the respondent ceased operating its business in a chain of filling stations around the country.
Determination:
The claimant withdrew her claim under the Unfair Dismissals Acts, 1977 to 2007.
The Tribunal is satisfied that a redundancy situation occurred and that the claimant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of Commencement: 10 September 2008
Last Day Worked: 28 February 2014
Date of Termination: 28 March 2014
Weekly Gross Pay: €354.90
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal also awards the appellant €1,419.60 (one thousand four hundred & nineteen euro, sixty cent) in respect of four weeks’ pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The date of termination has been amended to reflect this award.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)