MN370/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

MN370/2014

CLAIM(S) OF:                                                                                            

Joseph Elmonem                              

-          Claimant

against

Nethercross Limited T/A Roganstown Golf & Country Club

-          Respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr D. Hayes B.L.

Members:     Mr T. O'Grady

                     Mr T. Brady

heard this claim at Dublin on 13th May 2016

Representation:

Claimants:       In Person

Respondent:    Mr. Karl Carney, Karl Carney & Co., Solicitors, 1 Avonlea, Main Street, Rathdrum, Co. Wicklow

The decision of the Tribunal was as follows:-

Background:

The claimant was employed as the Financial Controller for the respondent hotel and golf club located in County Dublin being paid a weekly gross wage of €943.88 per week.

On the 14^th March 2014 he was requested to attend a meeting with the co-owner and Director (IMcG). The claimant was informed that due to restructuring his position was to be made redundant on the 1^st April 2014. A second meeting was held in another hotel on the 31^st March 2014 where the claimant, his daughter, IMcG and his representative were in attendance. The claimant was made redundant and was paid his statutory entitlement.

The claimant contends he is entitled to the remaining nine days owed to him under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

The respondent contends that firstly the claimant had worked beyond his 65^th birthday and was not entitled to a redundancy payment because of his age but was paid it. Secondly, the claimant was offered his payment for minimum notice but the claimant would not accept it.

Determination:

The Tribunal have carefully considered the sworn evidence adduced in this matter and find the claimant is entitled to his statutory minimum notice.

Accordingly, loss having been established the Tribunal awards the sum of €2,050.20, this being the remaining nine days gross wages, under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)