EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE, -appellant
RP681/2012
against
EMPLOYER -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Mr J. Horan
Mr N. Dowling
heard this appeal at Dublin on 25th June 2013
Representation:
Appellant: In person
Respondent: In person
Background:
The respondent operates a landscaping business. It was common case between the parties that the appellant and other employees were indefinitely placed on short-time hours from 28 September 2011 as work levels had decreased. It was hoped that work levels would increase in the spring of 2012 and the respondent told the employees that he would review their hours at that time. However, matters did not improve in the spring.
When giving evidence the appellant stated that he was told by the respondent that there was only work for either the appellant or the appellant’s brother. This was refuted by the respondent but he did accept that in or around March 2012 he had told the employees that he understood if they departed his employment for full-time work.
It was the appellant’s evidence that while he sought alternative work he was unsuccessful in obtaining it. He stated that he had received notice from the respondent on 14 April 2012 that his employment would end the following week.
It was the respondent’s evidence that the appellant had told him he was successful in securing other work and that the appellant had departed the employment of his own accord. In reply to questions from the Tribunal, the respondent accepted that the appellant was entitled to submit an RP9 form claiming redundancy as he had been on short-time for some seven months but the appellant had not done so.
Determination:
The Tribunal is satisfied from the evidence that the appellant’s hours had reduced to the extent of entitling him to make a claim for redundancy. The Tribunal finds that he is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth: 30 July 1982
Date of Commencement: 19 October 2009
Date of Termination: 20 April 2012
Gross Weekly Pay: €479.02
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)