EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE – claimant UD567/2012
EMPLOYER – respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms J. McGovern B.L.
Members: Mr A. O'Mara
Mr J. Flannery
heard this claim at Dublin on 18th October 2013
Claimant(s) : In person
Respondent(s) : No appearance by Liquidator
The determination of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the Liquidator. The Tribunal is satisfied that the Liquidator was on notice of the hearing. The claimant gave evidence that his employment ceased by reason of redundancy on 5th March 2012. He made a redundancy claim to the Liquidator prior to departing to his home country of Lithuania. He did not pursue the claim with the Liquidator as he was suffering from bad health. He did not receive a redundancy payment.
The Tribunal is satisfied that a redundancy situation occurred and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of Birth: 28th November 1975
Date of Commencement: 1st May 2009
Date of Termination: 5th March 2012
Weekly Gross Pay: €563.17
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Unfair dismissal and redundancy being mutually exclusive the Tribunal dismisses the claim under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal