RP269/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                           CASE NO.

Employee -      appellant                                                                                             RP269/2012

against

Employer –      respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms K.T. O’Mahony BL

Members:        Mr P. Casey

                        Mr O. Wills

heard this appeal at Cork on 11^th July 2013

Representation

Appellant:       In person

Respondent:    In person

The determination of the Tribunal is as follows

Respondent’s Case

The appellant commenced employment as a scaffolding installer with the respondent in February 2006. Prior to the economic recession the respondent employed 30 scaffolding installers. The appellant suffered an injury to his hand at work on 19 October 2009 resulting in a long absence from work.

It was the appellant’s evidence that in May 2011 he sent in a final medical certificate to the respondent but got no satisfaction from the respondent as regards his return to work. He ultimately submitted a medical report in early 2012 confirming that he was fit to return to work but this was to no avail. The appellant lodged a claim for a redundancy lump sum payment with this Tribunal in February 2012.

Subsequent to the lodging of the claim the respondent entered a course of correspondence with the appellant’s solicitor about the appellant returning to work but a return was not achieved.

The case on behalf of the respondent was that, due to the recession, scaffolding installers were being made redundant over a period and by the date of the hearing herein the respondent’s accountant (who was the only witness on the respondent’s behalf at the hearing) was the one remaining employee with the respondent.

Determination

The Tribunal is satisfied that a redundancy situation, within the meaning of section 9 (i) (c) of the Redundancy Payments Acts 1967 to 2007, arose in this case in February 2012. The fact that thereafter, the respondent entered correspondence with the appellant’s representative about the appellant’s possible return to work does not negate the validity of the appellant’s earlier claim. The Tribunal finds that the appellant is entitled to a redundancy lump sum under the Acts, based on the following facts:

Date of Birth                                       11 March 1980

Date Employment Began                    13 February 2006

Date Employment Ended                   11 February 2012

                                                           (with only 52 weeks of reckonable service in the period

                                                           between 19 October 2009 (date of accident) and 11      

                                                           February 2012 (date employment ended) (See para 8 of              

                                                           Schedule 3 as substituted by section 12 of the 2003 Act).                                    

Gross Weekly Pay                               €650.00                                                        

This award is made subject to the appellant having been in insurable employment under the social welfare acts during the relevant period.

Please note that payments from the social insurance fund are limited to a maximum of €600.00 per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)