RP666/2012

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:

First Named Respondent:

Second Named Respondent:

The determination of the Tribunal was as follows:

Determination:

The appellant was employed as a special needs assistant in the first named respondent’s school from February 2007 until August 2010. 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 second named respondent. An agreement is in place between the second named 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 second named respondent asserts that the appellant was overpaid whilst working for the first named respondent. There is a mechanism, set out in a departmental circular form the second named respondent whereby overpayments can be set off against these enhanced payments.

A lump sum payment under the Redundancy Payments Acts is a statutory entitlement which cannot be countermanded by a circular of the second named respondent. The Tribunal’s jurisdiction relates to statutory redundancy and it has no role to play in adjudicating on a dispute concerning enhanced redundancy payments.

It being common case that the appellant was dismissed by reason of redundancy the Tribunal finds that the appellant was entitled to a statutory lump sum payment of €4075-80 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)