O'Meara v Annesley Motor Company Ltd [EAT]

• Jurisdiction: Ireland
• Judgment Date: 23 February 2012
• Judgment citation (vLex): [2012] 2 JIEC 2302
• Date: 23 February 2012
• Docket Number: WT1083/2010,MN2393/2010,RP3305/2010
• Court: Employment Appeal Tribunal (Ireland)

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.

Under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Mr. D. Mac Carthy S C

Members: Mr. D. Winston

Mr. F. Keoghan

heard this appeal at Dublin on 23 rd February 2012

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...