EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Thomas Butler-claimant UD1372/2011
RP1833/2011
MN1470/2011
against
O'Dwyer Construction Thurles Limited, (In Liquidation) -respondent
Under
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. P. Meghen
Members: Mr. J. Hennessy
Ms S. Kelly
heard this claim at Thurles on 6th February 2013
Representation:
Claimant: Mr Colin Morrissey, English Leahy, Solicitors,
8 St Michael Street, Tipperary Town, Co Tipperary
Respondent: Mr. Gearoid Costelloe, Grant Thornton, Chartered
Accountants, Mill House, Henry Street, Limerick
Background:
The claim under the Unfair Dismissals Acts, 1977 To 2007, was withdrawn. The respondent was a construction company and is in Liquidation. The claimant was a scaffolder with the respondent.
Determination:
The Tribunal determines the claim under the Redundancy Payments Acts 1967 to 2007, succeeds. The claimant is awarded a redundancy lump sum based on the following information:
Date of Commencement: 02nd December 1997
Date of Termination: 18th February 2011
Weekly Gross Pay: €683.00
Non Reckonable Service: from 09th January 2006 to 18th February 2011 is non-reckonable due to illness.
A statutory weekly ceiling of €600.00 currently applies to payments from the Social Insurance Fund.This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, is dismissed as the claimant was not available for work.
This: ________________________ This: ________________________
Signed: _____________________ Signed:________________________
(EMPLOYER MEMBER) (EMPLOYEE MEMBER)
The two continuing members of the division of the Tribunal that heard these claims have assured me that the evidence herein is an accurate summary of that given and that the Determination herein is as was agreed by all the members of the division.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)