EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP431/2014
MN415/2014
WT111/2014
APPEAL(S) OF:
Simon Calvert
against
Lintop Limited
and
Mr Zahid Hussain, Director T/A Derby Poultry (In Liquidation)
and
Derby Poultry Limited (In Liquidation)
under
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: Mr. C. Corcoran BL
Members: Mr. D. Peakin
Mr. J. Dorney
heard this appeal in Dublin on 16 October 2015
Representation:
_______________
Appellant(s):
Mr. Vernon Hegarty, SIPTU, Liberty Hall, Dublin 1
Respondent(s):
Mr. Michael G. McLoughlin, Lanigan & Curran, Solicitors, Dungarvan, Co. Waterford for Mr. Zahid Hussain
No other respondent representation at the Tribunal hearing
The decision of the Tribunal was as follows:-
The appellant claimed that his employment, which commenced on 6 June 2002 ended without notice by reason of redundancy on 4 October 2013. His gross weekly pay was €763.72.
A claim was also made under the Organisation of Working Time Act, 1997, in respect of twenty-five days’ holidays outstanding at the time of termination of employment with the respondent.
The Tribunal was told there was no liquidator objection to the claims and that, after Lintop had taken over the business, there had been a transfer to Derby Poultry which had gone into liquidation. ZH (Mr. Hussain) and Lintop had had no further involvement. ZH had been a director of Lintop which was no longer trading. ZH’s representative sought that ZH be released.
No other evidence was offered by or on behalf of any of the respondents.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of commencement: 06 June 2002
Date of termination: 04 October 2013
Gross weekly pay: €763.72
It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
There was a period of non-reckonable service from 26 May 2011 to 4 October 2013.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, was waived in that the claimant did not seek to show that the said legislation had been breached.
In addition, the Tribunal awards the appellant the sum of €3,818.60 (this amount being equivalent to five weeks’ (twenty-five days’) holidays at a gross pay of €763.72 per week) under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of his employment with the respondent.
All money awarded is awarded against the final employer which was the limited company in liquidation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)