Gormley v McCartin Brothers (Engineering) Ltd

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 01 January 1982
• Date: 01 January 1982

(E.A.T.)

Gormley

and

McCartin Brothers (Engineering) Ltd

Whether requisite period of continuous employment - Meaning of "week" - Whether "week" means calendar week - Redundancy Payments Act, 1967 (No. 21), s. 2 (1) - Interpretation Act, 1937 (No. 38), Schedule, r. 34.

The appellant commenced employment with the respondents on the 26th February, 1979. His employment was terminated by two weeks notice expiring on the 20th February, 1981. His period of employment was therefore 726 days, i.e. two days (Saturday and Sunday) short of the requisite 104 weeks to qualify under the Redundancy Payments Acts. The appellant contended that his working week was a five day week from Monday to Friday and that he had exactly 104 working weeks employment. Held The definition of the word "week" in the Interpretation Act, 1937, does not apply. The...