EMPLOYMENT APPEALS TRIBUNAL
Complaints of: CASE NO.
EMPLOYEE Complainant 1 I39/2011
EMPLOYEE Complainant 2 I40/2011
EMPLOYEE Complainant 3 I41/2011
EMPLOYEE Complainant 4 I42/2011
EMPLOYEE Complainant 5 I43/2011
EMPLOYEE Complainant 6 I45/2011
EMPLOYEE Complainant 7 I46/2011
EMPLOYEE Complainant 8 I52/2011
Against
The decision of the Minister for Social Protection in the case of
EMPLOYER respondent
under
PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACTS, 1984 TO 2004
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. T. O'Sullivan
Mr J. Flannery
heard this referral at Dublin on 28th February 2013 and 26th July 2013
Representation:
____________
Complainants:
Respondent
Also in attendance:
The declaration of the Tribunal was as follows:-
Section 6 (6) of the Protection of Employees (Employers Insolvency) Act, 1984 states that the Minister shall not make any payment under this section in respect of any debt until he has received a statement in the prescribed form from the relevant officer of the amount of that debt which appears to have been owed to the employee on the relevant date and which appears to remain unpaid.
On behalf of the Minister, the Department of Social Protection refused the claims of the complainants on the grounds that the liquidator of the company, was unable from the company records available to him, to certify the claims on the requisite form as correct.
The complainants lodged complaints under section 9 (1)(a) of the Protection of Employees (Employers’ Insolvency) Acts 1984 to 2001 in order to pursue their claims for arrears of wages and redundancy.
Determination
Based on the sworn evidence the Tribunal determines that the complainants are entitled to payments from the Insolvency fund under the Protection of Employees (Employer’s Insolvency) Acts, 1984 to 2001 as follows:-
Complainant 1
Complainant 1 told the Tribunal she received a redundancy payment and she is not entitled to an award in this regard. She is entitled to arrears of wages in respect of one days holiday pay in amount of €55.20 based on her weekly wage of €276.00
Complainant 2
The Tribunal finds that complainant 2 is entitled to a redundancy payment based on the following criteria:
Date of Birth: 28th December 1966
Date employment commenced 1 January 2004
Date employment ceased 6 November 2009
Gross weekly pay €142.00
Complainant 3
The Tribunal finds that complainant C is entitled to a redundancy payment based on the following criteria:
Date of Birth 7 May 1956
Date employment commenced 1 April 2006
Date employment ended 6 November 2009
Gross weekly pay €739.00
He is entitled to arrears of two days’ pay in lieu of holidays for the 1 and 7 October 2009 calculated on a four day week @ €739.00 per week amounting to €369.50.
Complainant 4
The Tribunal find that Complainant 4 is entitled to a redundancy payment based on the following criteria:
Date of birth: 31st October 1954
Date employment commenced 1 June 2006
Date employment ceased 6 November 2009
Gross weekly pay €514.00
He is entitled to arrears of wages in respect of four days’ pay in the amount of €411.29 based on a gross weekly figure of €514.00.
Complainant 5
The Tribunal finds that Complainant 5 is entitled to a redundancy payment based on the following criteria:
Date of birth: 18th December 1973
Date employment commenced 1 January 2004
Date employment ceased 6 November 2009
Gross weekly pay €201.00
He told the Tribunal he was not claiming arrears of wages and therefore he is not being compensated for arrears of wages.
Complainant 6
The Tribunal finds that complainant 6 is entitled to a redundancy payment based on the following criteria:-
Date of birth: 09 July 1964
Date employment commenced 1 January 2004
Date employment ceased 6 November 2009
Gross weekly wage €69.00
Complainant 6 withdrew her appeal under Arrears of Wages and therefore no award is being made under Arrears of Wages.
Complainant 7
The Tribunal finds that complainant 7 is entitled to a redundancy payment based on the following criteria:
Date of birth 14 August 1967
Date employment commenced 1 January 2004
Date employment ceased 6 November 2009
Gross weekly pay €182.00
Complainant 7 withdrew his appeals for Arrears of Wages and Arrears of Holiday Pay and no awards are being paid in this regard.
Complainant 8
The Tribunal finds that complainant 8 is entitled to a redundancy payment based on the following criteria:
Date of birth 4 September 1947
Date employment commenced 1 January 2004
Date employment ceased 6 November 2009
Gross weekly pay €54.00
These awards are made subject to the complainants having been in insurable employment during the relevant period.
A weekly ceiling of €600.00 applies to all payments awarded from the Social Insurance Fund.
Claims under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 were addressed during the hearing but as these claims were not before the Minister the Tribunal cannot make any finding in this regard. However, these claims can be addressed in another fora.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)