Monaghan v Mbs Plumbing & Heating Ltd [EAT]

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 02 February 2012
• Judgment citation (vLex): [2012] 2 JIEC 0205
• Docket Number: RP2759/2010,RP3007/2010,MN76/2012,MN77/2012
• Date: 02 February 2012

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP2759/2010

MN76/2012

RP3007/2010

MN77/2012

APPEAL(S) OF:

Declan Monaghan, 10 High Street, Leighlinbridge, Co. Carlow

(appellant 1)

Rafal Szczotka, 3 Fishermans Wharf, Leighlinbridge, Co. Carlow

(appellant 2)

and

Mbs Plumbing & Heating Limited, Pembrokestown, Duncormick, Co Wexford

Representation:

_____________

Appellant(s) : In person

Respondent(s) : No appearance by or on behalf of the respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms D. Donovan

Members: Mr J. Browne

Mr A. Butler

heard this appeal at Wexford on 2nd February 2012

1 The decision of the Tribunal was as follows:

2 The Tribunal, being satisfied that the respondent was properly on notice of the hearing, finds based on the uncontroverted evidence, that the appellants are entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

3 Appellant 1

Date of Birth	27 th November1974
Employment commenced	1 st September 2004
Employment ended	5 th February 2010
Gross weekly pay	€652.86

4 This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that payments from the social insurance fund are limited to a maximum of €600-00 per week.

5 The appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 is allowed and the appellant is awarded the sum of €2,611.44 being 4 weeks gross pay.

6 Appellant 2

Date of Birth	30 th October 1978
Employment commenced	1 st February 2006
Employment ended	5 th February 2010
Gross weekly pay	€734.00

7 This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that payments from the social insurance fund are limited to a maximum of €600-00 per week.

8 The appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 is allowed and the appellant is awarded the sum of €1,468.00 being 2 weeks gross pay.