RP578/2012

EMPLOYMENT APPEALS TRIBUNAL

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. D. MacCarthy S.C.

Members:     Mr. D. Moore

                     Mr. N. Dowling

heard this appeal at Dublin on 29 July 2013

Representation:

Appellant:

         In person

Respondent:

The determination of the Tribunal was as follows:

Determination:

The appellant was employed as a special needs assistant from September 2005 until August 2009 at school A. She was then employed at school B, located on the same campus as school A, from September 2009 until August 2011.

At the end of this period it was accepted that the appellant was entitled to a redundancy lump sum payment and that this fell to be paid by the respondent. An agreement is in place between the respondent and the trade unions which represent special needs assistants whereby enhanced redundancy lump sums are paid to special needs assistants on termination of their employment.

A dispute has arisen in this case in circumstances where the respondent asserts that the appellant is entitled to a lump sum payment based only on her service at school B from September 2009 until August 2011 whereas the appellant asserts that, as schools A and B are on the same campus, there was no break in service from September 2005 until August 2011 then she is entitled to a lump sum based on the entirety of her service.

While the Tribunal has no role to play in adjudicating on a dispute concerning the enhanced redundancy payments it is satisfied that the appellant has the continuity of service to support her claim for the statutory redundancy lump sum to be based on the entirety of her service.

It being common case that the appellant was dismissed by reason of redundancy, the Tribunal finds that the appellant is entitled to a lump sum payment of €7,131-80 under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

This award is made subject to the appellant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period.

Sealed with the Seal of the

Employment Appeals Tribunal

This     ________________________

(Sgd.)  ________________________

(CHAIRMAN)