EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD779/2014
UD780/2014
RP414/2014
RP415/2014
MN12/2016
MN11/2014
CLAIM(S) OF:
Sharon O'Connor
- First Appellant
and
Davi Santos
- Second Appellant
against
Enda McCormack And John D Brennan
T/A Irishtown House Public House & Off Licence
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
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. P. O’Leary BL
Members: Mr. J. Horan
Mr. A. Butler
heard this case in Dublin on 28 October 2016
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation
The determination of the Tribunal was as follows:-
The claims lodged under the Unfair Dismissals Acts, 1977 to 2007, were not proceeded with because the appellants proceeded under redundancy and minimum notice legislation.
The first appellant claimed that her employment, which commenced on 1 September 2010, ended without notice by reason of redundancy on 1 October 2013. Her gross weekly pay was €200.00.
The second appellant claimed that his employment, which commenced on 1 September 2010, ended without notice by reason of redundancy on 1 October 2013. His gross weekly pay was €430.00.
No evidence was offered by the respondent.
Determination:
The claims lodged under the Unfair Dismissals Acts, 1977 to 2007, were deemed withdrawn because the appellants proceeded under redundancy and minimum notice legislation.
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the first appellant is entitled to a redundancy lump sum based on the following details:
Date of commencement: 01 Sep 2010
Date of termination: 01 Oct 2013
Gross weekly pay: €200.00
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 first appellant the sum of €400.00 (this amount being equivalent to two weeks’ gross pay at €200.00 per week).
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the second appellant is entitled to a redundancy lump sum based on the following details:
Date of commencement: 01 Sep 2010
Date of termination: 01 Oct 2013
Gross weekly pay: €430.00
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 second appellant the sum of €860.00 (this amount being equivalent to two weeks’ gross pay at €430.00 per week).
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)