EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Employee - (claimant) UD1114/2012
Employer - (respondent)
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr M. Noone
Mr A. Butler
heard this claim at Dublin on 11th December 2013
Claimant(s) : Karina O'Leary, Macguill & Company Solicitors,5 Seatown, Dundalk,Co.Louth
Respondent(s): Mr Michael Fitzpatrick, Liquidator, Fitzpatrick & Associates, E2 Nutgrove
Office Park, Rathfarnham, Dublin 14
The determination of the Tribunal was as follows:
There was no appearance by or on behalf of the respondent. The Tribunal noted that the liquidator notified the Tribunal that they would not be attending or contesting the claimant’s claim.
The claimant gave evidence stating that she was unemployed for six months after the dismissal.
Under Sections 6(1) and 6 (6) of the 1997 Act, the dismissal is deemed to be unfair in law. The respondent firm went into liquidation in December and the claimant would have lost her employment in any event.
Her financial loss is therefore the amount equivalent to six months pay plus the redundancy payment to which she would have then been entitled.
We access her average earnings before dismissal at €646 per week, amounting to approx. €16,800. Her statutory redundancy entitlement (applying the cap of €600 per week) would be €8,600 approx.
Her total financial loss is therefore approx. €24,600. For the purposes of the social insurance fund, the amount of €1,200 may be deductible to take account of the €600 ceiling per week.
However, this deduction would not apply to her status as a creditor under the Companies Act.
The Tribunal awards the claimant compensation of €24,600 under the Unfair Dismissals Acts, 1977 to 2007. The claim under the Redundancy Payments Acts, 1967 to 2007 is dismissed.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 was withdrawn during the hearing.
Sealed with the Seal of the
Employment Appeals Tribunal