O'Meara v Annesley Motor Company Ltd [EAT]

 
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EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP3305/2010

MN2393/2010

WT1083/2010

APPEALS OF:

Eoin O'Meara, 64 Woodlands, Ratoath, Co Meath
and
Annesley Motor Company Limited, 20 Ballybough Road, Dublin 3

Representation:

Appellant: Eamonn Woods, Union of Motor Trade, Technical & Industrial Employees, 27 South Frederick Street, Dublin 2.

Respondent: Jason Byrne, Director.

Appellant's case
1

At the outset the appellant withdrew his claim under the Redundancy Payments Acts, 1967 to 2007 as he had already been paid this through the Social Insurance Fund.

2

The appellant was employed by the respondent for 21 years and received notice of only one week. He was therefore claiming the balance of his statutory minimum notice ie. 7 weeks.

3

The appellant stated that the leave year began on 1 st January each year and had only taken no leave up to the date of redundancy (17 th September 2010). At the date of redundancy the appellant was earning €786.64 gross per week.

Respondent's case
4

The witness for the respondent agreed with the evidence of the appellant and confirmed that the respondent was no longer trading but had not appointed a liquidator.

Determination
5

Having considered the evidence adduced the Tribunal finds that the appellant was not paid his full statutory entitlements to minimum notice and holiday pay. Accordingly the Tribunal awards him €5,506.48 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and €2,359.92 under the Organisation of Working Time Act, 1997.

6

It should be noted that any payment made through the Social Insurance Fund is calculated based on maximum earnings of €600.00 per week.

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