EMPLOYMENT APPEALS TRIBUNAL
Mr Zahid Hussain, Director, T/A Derby Poultry (In Liquidation),
Derby Poultry Limited (In Liquidation)
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. C. Corcoran BL
Members: Mr D. Peakin
Mr. J. Dorney
heard this appeal in Dublin on 16 October 2015
Mr. Jim Finnegan with Mr. Vernon Hegarty, SIPTU, Liberty Hall, Dublin 1
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 9 October 2003, ended without notice by reason of redundancy on 16 March 2014. His gross weekly pay was €279.44.
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.
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: 09 October 2003
Date of termination: 16 March 2014
Gross weekly pay: €279.44
There was a period of non-reckonable service from 23 October 2012 to 16 March 2014.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Allowing the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, the Tribunal awards the appellant the sum of €1,117.76 (this amount being equivalent to four weeks’ gross pay at €279.44 per week).
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