EMPLOYMENT APPEALS TRIBUNAL
Nine One One Retail Limited (In Liquidation)
UNFAIR DISMISSALS ACTS 1977 TO 2007
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. P. McGrath BL
Members: Mr. B. Kealy
Mr. N. Dowling
heard this case in Dublin on 7 October 2016
No legal or trade union representation
There was no attendance at the Tribunal hearing by or on behalf of
Mr. Graham Hanlon, Hanlon & Company Solicitors, 6 Richmond Road, Drumcondra, Dublin 3
The determination of the Tribunal was as follows:-
There was no appearance by or representation on behalf of the Liquidator. The Tribunal is satisfied that he was on notice of the hearing. The claimant was one of many who was dismissed when the respondent ceased operating its business in a chain of filling stations around the country.
The claimant withdrew her claim under the Unfair Dismissals Acts, 1977 to 2007, in that she and colleagues all sought a redundancy payment.
However, the Tribunal, notwithstanding that a redundancy situation occurred, because she had less than two years’ service, cannot make a finding that the claimant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of Commencement: 02 May 2013
Last Day Worked: 28 February 2014
Date of Termination: 28 February 2014
Gross Weekly Pay: €303.00
The Tribunal awards the sum of €303.00 under the Organisation of Working Time Act, 1997.
This award is made subject to the claimant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal