Susan Mills and Others v Denis Daly, trading as Daly’s Supermarket :

JurisdictionIreland
CourtEmployment Appeal Tribunal (Ireland)
Judgment Date20 Apr 2009
Judgment citation (vLex)[2009] 4 JIEC 2001

Employment Appeals Tribunal

EAT: Susan Mills and others (appellants) v Denis Daly, trading as Daly's Supermarket (respondent):

Abstract:

Employment law - Redundancy - Minimum notice - Fair procedures - Whether appellants entitled to redundancy - Redundancy Payments Acts, 1967 to 2003 - Minimum Notice and Terms Of Employment Acts, 1973 to 2001.

EMPLOYMENT APPEALS TRIBUNAL

APPEALS OF:

CASE NO.

Susan Mills, Station Cottage, Boulerdagh, Kells, Co. Kerry

RP1162/2008

-First named Appellant

MN1265/2008

Breda McCarthy, Laharn South, Cahirsiveen, Co. Kerry

RP1163/2008

-Second named Appellant

MN1266/2008

Keira Looney, Keelkeigh, Glenbeigh, Co. Kerry

RP1164/2008

-Third named Appellant

MN1267/2008

Pauline O‘Connell, 7 Old Market Street, Cahirsiveen, Co. Kerry

0RP1165/2008

-Fourth named Appellant

MN1268/2008

Nuala O‘Dwyer, 12 St. Joseph's Terrace, Cahirsiveen, Co. Kerry

RP1166/2008

-Fifth named Appellant

MN1269/2008

Monica O‘Shea, Lyre, Emlaghmore, Ballinskelligs, Co. Kerry

RP1167/2008

-Sixth named Appellant

MN1270/2008

Mary O‘Shea, 2 River View, Cahirsiveen, Co. Kerry

RP1168/2008

-Seventh named Appellant

MN1271/2008

against

Denis Daly, T/A Daly's Supermarket Castlequin, Cahirsiveen, Co. Kerry

-Respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:

Mr. K.T. O‘Mahony B.L.

Members:

Mr. M. Forde

Ms. P. Doyle

heard this appeal at Killarney on 20 April 2009

Facts The appellants had sought awards both under the Redundancy Payments Acts, 1967 to 2003 and the Minimum Notice and Terms Of Employment Acts, 1973 to 2001. There was no appearance by or representation on behalf of the respondent

Held by the Tribunal in determining that the appellants were entitled to their claims. The Tribunal was satisfied that the respondent was properly on notice of the hearing and based on the uncontroverted evidence of the appellants the Tribunal found that the appellants were entitled to lump sum payments under the Redundancy Payments Acts, 1967 to 2003 and awards under the Minimum Notice and Terms of Employment Acts, 1973 to 2003.

1

The determination of the Tribunal was as follows:

Determination:
2

The Tribunal being satisfied that the respondent was properly on notice of the hearing...

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