EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Derek Crehan RP981/2013
David Kelly T/A Education Choice
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey B.L.
Members: Mr. A. O'Mara
Mr M. O'Reilly
heard this appeal at Dublin on 14th August 2014
Appellant: In person
Respondent: No representation listed
The Tribunal find that the appeal under the Redundancy Payments Acts, 1967 to 2007 succeeds and awards the appellant a redundancy lump based on the following;
Date of Birth:
Date of Commencement: 02nd September 2011
Date of Notice: 09th September 2013
Date of Termination: 09th September 2013
Gross Weekly Wage: €720.00
This award is made subject to the appellant having been in insurable employment under the relevant Social Welfare Acts during the relevant period. A weekly ceiling of €600.00, (gross pay) applies to payments from the Social Insurance Fund.
The appellant had submitted a direct claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 and attached an appeal under the Organisation of Working Time Act, 1997 to the Tribunal. However, on the day of the hearing the appellant opened a Decision of a Rights Commissioner under the Payment of Wages Act, 1991, ref: r-139322-pw-13/RG, in which an award was made to the appellant for minimum notice and holiday pay. Accordingly the Tribunal finds that the appeals under the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the appeal under the Organisation of Working Time Act, 1997, are not properly before the Tribunal.
Sealed with the Seal of the
Employment Appeals Tribunal