EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE -appellant
RP2199/2010
against
EMPLOYER -respondent
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 A. Butler
heard this appeal at Carlow on 4th July 2013
Representation:
Appellant:
Respondent: A director of the former company
Background:
The appellant was employed by the respondent company from May 2007 to May 2010 as a fabricator.
The appellant’s hours were reduced to a three day week indefinitely but a return to full-time work was hoped for. However, subsequently the appellant received letter dated 28th April 2010 from a director of the company stating that,
“Due to the current financial situation and decrease in orders and uncertainty in this industry, I no longer can continue your 3 day week, I am left with no alternative but to offer you temporary work until further notice.”
The appellant worked short time hours for a period of time until a disagreement ensued between the parties on 26th May 2010.
Determination:
The Tribunal is satisfied from the evidence adduced that a redundancy situation occurred in relation to the appellant’s employment. Therefore, he is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth: 18 June 1987
Date of Commencement: 1 May 2007
Date of Termination: 26 May 2010
Gross Weekly Pay: €429.00
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)