EMPLOYMENT APPEALS TRIBUNAL
Joseph Burke & Partners
Joseph Burke Trading As Joseph Burke & Partners
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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. M. Gilvarry
Members: Mr. D. Morrissey
Mr. T. J. GIll
heard this claim at Castlebar on 24th February 2015 and 15th June 2015
Claimant(s) : Helena Boylan, Helena Boylan & Co., Solicitors, High Street, Westport,
Respondent(s) : Not Present or Represented
The determination of the Tribunal was as follows:-
This matter was first scheduled to be heard by this division of the Tribunal at 2.30pm on the 24th February 2015 in the Courthouse, Castlebar, County Mayo. On that day neither the respondent nor a representative on their behalf attended.
The claimant’s representative applied to have a second respondent added to the claims which was granted by Tribunal.
The matter was relisted to be heard by the same division in the Courthouse, Castlebar, County Mayo at 2.00p.m. on the 15th June 2015. Again neither the respondent nor a representative on their behalf attended.
On the second scheduled day of the hearing, the Tribunal waited for a period of 20 minutes for the arrival, if any, of the respondent. When the neither the respondent nor a representative on their behalf appeared the hearing then commenced at 2.50pm.
The claimant commenced employment with the respondent as a Civil Engineer on the 15th July 2004 working a full five day week. In January 2009 the respondent reduced these hours to three days a week. In July 2009 the respondent reduced his, and his colleagues, to three days per fortnight. In April 2013 the respondent informed him that due to a downturn in business there was no work and he would contact him when he had work. The claimant submitted an RP9 form. He did not receive any more work.
The Tribunal are satisfied the respondent was properly notified of the time, date and location of this hearing. Neither the respondent nor a representative attended.
Based on the uncontested evidence the Tribunal finds a redundancy situation occurred and therefore finds that the claimant is entitled to a redundancy payment calculated on the following criteria:
Date of Commencement: 15 July 2004
Date of Termination: 19 April 2013
Gross Weekly Pay: €550.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
N.B. When calculating this redundancy payment it should be noted the claimant was only working one week in every two, i.e. 26 weeks over each 52 week period from 15th July 2015 to 19th April 2013.
The claims under the Unfair Dismissals Acts, 1977 to 2007, the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the Organisation of Working Time Act, 1997 were dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal