EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE RP768/2012
against
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Browne
Mr F. Dorgan
heard this appeal at Waterford on 18th September 2013
Representation:
Appellant:
Respondent:
Background
It was common case that the appellant commenced employment with the respondent on 2nd September 2002. The appellant was placed on temporary lay-off from 27th February 2012 and on the 24th April 2012 he completed part B of the form RP9 seeking payment of a redundancy lump sum. The respondent completed part C of the form RP9 stating that the appellant would be returning to work within 4 weeks. This return to work did not materialise within the required timeframe and therefore the appellant considered his job to be redundant.
The appellant has not been paid a redundancy lump sum but the respondent agreed that he is entitled to this payment and will complete the necessary forms to facilitate this payment being made through the Social Insurance Fund. At the time of termination of employment the appellant was earning €653.05 gross per week.
Determination
Having considered the evidence adduced at the hearing the Tribunal awards the appellant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.
| DOB | N/A |
| Commencement Date | 2nd September 2002 |
| Lay-off | 27th February 2012 to 24th April 2012 |
| Termination date | 24th April 2012 |
| Gross pay | €653.05 per week |
This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.
It should be noted that any payment made from the Social Insurance Fund is calculated on the basis of maximum gross earnings of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)