EMPLOYMENT APPEALS TRIBUNAL
| APPEALS OF: | CASE NO. |
| EMPLOYEE -- Appellant | RP733/2012 WT284/2012 |
| against | |
EMPLOYER –Respondent
| |
| under |
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. Levey BL
Members: Mr M. Carr
Mr T. Brady
heard these appeals at Dublin on 19 September 2013
Representation:
Appellant:
In person
Respondent:
The determination of the Tribunal was as follows:
Determination:
The appellant received a lump sum payment from the respondent arising from the termination of her employment with them on 6 July 2011. Her position was that the gross weekly pay used in the computation of her lump sum payment was lower than it should have been.
The appellant was employed in the respondent’s shoe shop from September 2003. The appellant’s working week varied throughout the employment, her position was that until April 2009 she had been employed full-time. The respondent’s position was that the appellant’s working week had varied between one and five days a week.
It was common case that, due to a downturn in business, from April 2009 the appellant had been put on to a two-day week and that her lump sum payment had been calculated on that basis.
Section 15 (2B) of the Redundancy Payments Acts provides
“Where—
a) An employee’s remuneration is reduced substantially but not to less than one-half of his normal weekly remuneration, or his hours of work are reduced substantially but not to less than one-half of his normal weekly hours, and
b) The employee temporarily accepts the reduction in remuneration or hours of work and indicates his acceptance to his employer.
Such a temporary acceptance for a period not exceeding 52 weeks shall not be taken to be an acceptance by the employee of suitable employment in relation to him.”
The Tribunal is satisfied that by continuing to work the two-day week for in excess of two years the respondent was entitled to consider that the appellant had accepted that this arrangement was suitable for her. In those circumstances the Tribunal is satisfied that the respondent was correct in the figure for gross weekly pay that it used in the computation of lump sum payment. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 must fail.
The Tribunal having accepted that reasonable cause prevented the appellant lodging her claim under the Organisation of Working Time Act within six months of the termination of her employment and the respondent accepting that the appellant had not received holiday pay from 1 January 2011 until the termination of her employment the Tribunal awards €432-00, being 8% of the gross pay for that period, under the Organisation of Working Time Act, 1997.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)