EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP2468/2010 - RP2471/2010
MN1790/2010 - MN1973/2010
APPEALS OF:
Donal O'Shea
- Appellant 1
Hubert Galvin
- Appellant 2
Tim Mullane
- Appellant 3
Raymond Neylon
- Appellant 4
Michael Power
- Appellant 5
against
Saunders Aluminium Limited
- Respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2014
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Lucey
Members: Mr. G. Andrews
Ms S. Kelly
heard this appeal on 24th February 2012 in Castleoaks House hotel, Castleconnel Co. Limerick
Representation:
Appellant: Mr Eugene Hayes, Midwest Corporate Services Limited, 18 Ashbrook Grove, Ennis Road, Limerick
Respondent: No representation listed
Appellant 1
Determination:
There was no appearance by or representation on behalf of the respondent. The Tribunal is satisfied that the respondent was on notice of the hearing. Based on the evidence heard the Tribunal is satisfied that a redundancy situation existed and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following information:
Date of Commencement: 03rd January 1993
Date of Notice: 06th January 2010
Date of Termination: 06th January 2010
Weekly Gross Pay: €576.72
Under the Minimum Notice and Terms Of Employment Acts, 1973 To 2005, the Tribunal awards the Appellant the sum of €4,613.76, this being eight weeks gross pay in lieu of eight weeks’ notice.
Appellant 2
Determination:
There was no appearance by or representation on behalf of the respondent. The Tribunal is satisfied that the respondent was on notice of the hearing. Based on the evidence heard the Tribunal is satisfied that a redundancy situation existed and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following information:
Date of Commencement: 20th January 1987
Date of Notice: 06th January 2010
Date of Termination: 06th January 2010
Weekly Gross Pay: €1,234.66
Under the Minimum Notice and Terms Of Employment Acts, 1973 To 2005, the Tribunal awards the Appellant the sum of €9,877.28, this being eight weeks gross pay in lieu of eight weeks’ notice.
Appellant 3
Determination:
There was no appearance by or representation on behalf of the respondent. The Tribunal is satisfied that the respondent was on notice of the hearing. Based on the evidence heard the Tribunal is satisfied that a redundancy situation existed and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following information:
Date of Commencement: 02nd May 1983
Date of Notice: 06th January 2010
Date of Termination: 06th January 2010
Weekly Gross Pay: €946.41
Under the Minimum Notice and Terms of Employment Acts, 1973 To 2005, the Tribunal awards the Appellant the sum of €7,571.28, this being eight weeks gross pay in lieu of eight weeks’ notice.
Appellant 4
Determination:
There was no appearance by or representation on behalf of the respondent. The Tribunal is satisfied that the respondent was on notice of the hearing. Based on the evidence heard the Tribunal is satisfied that a redundancy situation existed and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following information:
Date of Commencement: 21st March 1988
Date of Notice: 06th January 2010
Date of Termination: 06th January 2010
Weekly Gross Pay: €654.42
Under the Minimum Notice and Terms Of Employment Acts, 1973 To 2005, the Tribunal awards the Appellant the sum of €5,235.36, this being eight weeks gross pay in lieu of eight weeks’ notice.
These awards are made, subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that a statutory weekly ceiling of €600.00 applies to payments from the Social Insurance Fund.
Appellant 5
Determination:
There was no appearance by or representation on behalf of the respondent. The Tribunal is satisfied that the respondent was on notice of the hearing.
Under the Minimum Notice and Terms Of Employment Acts, 1973 To 2005, the Tribunal awards the Appellant the sum of €480.00, this being one week’s gross pay in lieu of one week’s notice.
This award is made, subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)