O'Meara v Annesley Motor Company Ltd [EAT]
EMPLOYMENT APPEALS TRIBUNAL
Appellant: Eamonn Woods, Union of Motor Trade, Technical & Industrial Employees, 27 South Frederick Street, Dublin 2.
Respondent: Jason Byrne, Director.
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.
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.
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.
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.
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.
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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