RP161/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

EMPLOYEE – appellant                                                                               RP161/2012

Against

EMPLOYER – respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Mr T.  Ryan

Members:        Mr E.  Handley

Mr D.  Thomas

heard this appeal at Dublin on 15th August 2013

Representation:

_______________

Appellant(s):               In person

Respondent(s):            Company Director

The decision of the Tribunal was as follows:-

The respondent company is operated by a husband and wife team.  A director of the respondent company contested the redundancy appeal, she was not present when the appellant submitted his form RP9.  The appellant’s working hours were reduced on 7^th November 2011 from five days to two days per week.  The appellant submitted an RP9 form to his employer on 23^rd December 2011.  He was not due to work over the Christmas period.  The director gave evidence that there was a trade show in the New Year which the appellant was required for.  Fulltime work would not resume until the following spring.  The appellant was not replaced.  A temporary employee was hired to cover the trade show.

Determination:

The Tribunal is satisfied that a redundancy situation occurred and that the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:

Date of Birth:                          20^th February 1972

Date of Commencement:        9^th April 2003

Date of Termination:               23^rd December 2011

Weekly Gross Pay:                  €410.00

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)