EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Rose Lynch RP858/2013
MN645/2013
against
Meave Griffin, T/A Hillview Rest Home
under
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: Ms P. Clancy
Members: Mr. W. O'Carroll
Mr F. Dorgan
heard this appeal at Limerick on 11th March 2015
Representation:
Appellant:
In Person
Respondent:
In Person
Appellant’s case:
At the outset the appellant withdrew her appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The respondent operated a nursing home and the appellant was employed there as a care assistant from 01/04/2004. The appellant was absent on sick leave from 14/06/2008. The respondent closed the business on 03/08/2013 and the appellant’s job became redundant.
At the time of termination of employment the appellant was earning €242.20 per week. The appellant did not receive a redundancy payment.
Respondent’s case:
The respondent did not contest the appellant’s entitlement to a redundancy lump sum payment but told the Tribunal that she was unable to make such a payment due to her financial circumstances.
Determination
Having considered the evidence adduced at the hearing the Tribunal awards the appellant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
DOB | |
Commencement Date | 1st April 2004 |
Sick leave (unpaid) | 14th June 2008 to 13th August 2013 |
Termination date | 13th August 2013 |
Gross pay | €242.20 per week |
This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)