RP2695/2011

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

EMPLOYEE appellant                                                                                 RP2695/2011

against

EMPLOYER                                        respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms N.  O'Carroll-Kelly BL

Members:     Mr. D.  Winston

                     Mr G.  Whyte

heard this appeal at Dublin on 27th August 2013

Representation:

_____________

Appellant(s):               The appellant in person

Respondent(s):            The MD and Legal Director of the respondent

 The decision of the Tribunal was as follows:-

Determination

The appellant commenced employment as a welder with the respondent on the 23rd October 2000.  A part of the facility closed in 2008.   The appellant moved to another area in January 2009 and worked different hours.    A meeting took place on  the 29^th June 2009 to discuss the  safeguarding of  jobs in the respondent.  Two years later in May 2011 two employees were made redundant.     

The appellant was on a three day week  from June 2009 and he sometimes worked full weeks.  The appellant was then offered a position in the finish shop in June 2011 which he refused.    The appellant was of the view that his redundancy payment should be calculated based on his  full time employment.     

The Tribunal find that the appellant consented to a reduced working week.  He did that for two years without raising any formal  grievance.   He was offered alternative employment but declined.  He is entitled to a  redundancy lump payment under the Redundancy Payments Acts, 1967to 2007  based on the following criteria:-

Date of Birth                                       6^th May 1968

Date employment commenced           23^rd October 2000

Date employment ceased                    17^th June 2011

Gross weekly pay                                €490.65

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)