EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE - appellant RP568/2012
against
EMPLOYER – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms K.T. O’Mahony BL
Members: Mr P. Casey
Mr O. Wills
heard this appeal at Cork on 11th July 2013
Representation
Appellant: In Person
Respondent: In Person
The determination of the Tribunal is as follows
Respondent’s Case
The respondent is in the business of providing scaffolding and like many building related enterprises it was badly hit by the recession. When the appellant was made redundant in August 2010, he was paid redundancy based on his service from 1998. Prior to 1998 the appellant was a C2 self-employed subcontractor and therefore his previous service did not count for the purpose of calculating redundancy.
Appellant’s Case
The appellant’s position was that he has been in continuous employment from 1985 to 2010 with the respondent and a former company and was claiming a redundancy payment based on that service. However, he did accept that he had been working as a C2 subcontractor from 1994 to 1998.
Determination
The Tribunal considered the submissions by both parties and is satisfied that the appellant was a self-employed subcontractor from 1994 to 1998. Thus, as the appellant was not an employee during the period from 1994 to 1998 he is not entitled to a redundancy payment in respect of that period. Furthermore, the change to being a subcontractor and self-employed broke his continuity of service. Accordingly, when the appellant was made redundant in August 2010, his entitlement was correctly based on his service from 1998.
The appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)