EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE – appellant RP422/2013
against
EMPLOYER – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath BL
Members: Mr M. Flood
Mr F. Barry
heard this appeal at Dublin on 21st October 2013
Representation:
Appellant:
Respondent:
The decision of the Tribunal was as follows:-
Respondent’s Case
An application was made for a redundancy lump sum for the appellant when the respondent went into receivership. The appellant’s period of employment was from January 1972 to October 2012. The appellant signed a declaration stating that he had had not received a redundancy lump sum during the period of his employment.
It later came to light that a redundancy rebate payment was made to the appellant’s previous employer in respect of the appellant’s employment to 21 July 1992. It is accepted that there is no evidence that the appellant was paid a redundancy lump sum at this time.
The appellant’s representative withdrew his declaration. The appellant was paid a redundancy lump sum in respect of the period 22 July 1992 to 10 October 2012. No company records relating to the appellant’s employment in 1992 could be located. Without a signed declaration the appellant cannot be paid a redundancy lump sum in respect of the earlier period of his employment.
Appellant’s Case
The appellant started work in 1972. About 15 years ago the operation moved to Coolock to a new premises. He still had the same job.
He has no recollection of anything unusual happening in 1992. His Social Welfare record shows that he paid contributions for the whole year. He was not paid redundancy then.
Determination
The Tribunal has considered the evidence it has heard. The Tribunal finds on the balance of probabilities, based on the uncontradicted evidence of the appellant that he was not made redundant in 1992 and neither was a redundancy lump sum paid to him for a 20 year period of service between 1972 and 1992.
For reasons unexplained, the appellant’s then employer appears to have had a rebate payment made to it in respect of a purported redundancy of the appellant made in 1992.
The appellant has no knowledge of why such a document/record should exist but remains adamant that his service at that time was continuous and without event. The appellant’s documentation from Social Welfare corroborates this contention. There is some question over the appellant’ signature on a 1992 receipt but the Tribunal will not make any definitive finding in this regard.
The Tribunal finds that the appellant is entitled to a redundancy lump sum, under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date Employment Began 01 January 1972
Date Employment Ended 10 October 2012
Gross Weekly Pay €727.47
It should be noted that payments from the social insurance fund are limited to a maximum of €600.00 per week.
This award is made subject to the appellant having been in insurable employment under the social welfare acts during the relevant period.
The Tribunal notes there has already been a part payment for the latter half of the period (1992 -2012). The Tribunal notes that the appellant will have to sign a formal declaration prepared by the Redundancy Section of the Department of Social Protection to bring this matter to a conclusion.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)