RP382/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                    CASE NO.

EMPLOYEE,                                                                                                RP382/2013

against

EMPLOYER

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. K.T. O'Mahony BL                            

Members:     Mr. D. Hegarty

                    Mr. J. Flavin

heard this appeal in Cork on 27 September 2013

Representation:

_______________

Appellant(s):

Respondent(s):

The decision of the Tribunal was as follows:-

Appellant’s Evidence

The appellant commenced employment with the respondent as a construction worker on 5 October 1998. He had mainly been doing block-laying. His gross weekly pay was €588.00. In March 2009 the appellant had been put on lay-off by his employer, the respondent company, which is now in liquidation. At that time his employer promised him that he would have work for him in the future.

In his sworn evidence the appellant told the Tribunal that on 26 November 2010, MD’s son visited his home and asked him to sign a particular section of a folded form (Form RP 50) so he could get his redundancy payment within the following months. The appellant was otherwise unaware of the other contents of the form and did not realise that what he was signing indicated that he had already received his redundancy lump sum payment. However, the appellant has not received his redundancy lump sum payment and despite his efforts he did not succeed in making contact with MD. In early 2012 the appellant sought legal advice on the matter from his solicitor and a claim was lodged for his redundancy payment with the Department. The representative on behalf of the liquidator told the Tribunal that no record can be found that the appellant received his redundancy lump sum payment. The company which had employed the appellant is in liquidation since 16 April 2012.

Determination:

Having considered the appellant’s sworn testimony the Tribunal finds that a bone fide redundancy existed in respect of his position, which he had held from 05 October 1998 to 26 November 2010 with the period from 05 March 2009 to 26 November 2010 being non-reckonable service due to being on lay-off. The Tribunal is satisfied that the appellant had signed the form presented to him on 26 November 2010, unaware of its implications and trusting in his employer to fulfil his promise that the lump sum would be paid to him once he had signed it. The Tribunal is satisfied that the appellant had not received the redundancy lump sum payment due and promised to him or any part thereof at any time either before he signed Form RP50 on 26 November 2010 or thereafter. Having further considered this appeal the Tribunal finds that it comes within the scope of section 24 (b) of the Act of 1967 as amended and accordingly awards the appellant a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:

Date of birth:                          24 February 1957                               

Date of commencement         05 October 1998

Date of termination:                26 November 2010 (the period 05/3/2009 to 26/11/2010 being                                                                                          non-reckonable service)

Gross weekly pay:                   €588.00

This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)