EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE - appellant RP925/2012
against
EMPLOYER – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Horan
Mr F. Barry
heard this appeal at Portlaoise on 7th June 2013.
Representation
Appellant: In person
Respondent: In person
The decision of the Tribunal was as follows:-
Appellant’s Case
The appellant gave evidence. He had worked as an assistant for a blind farmer helping him with his work on the farm. When the man ceased farming there was no further work for the appellant. During his time as an assistant the appellant was paid by the respondent and was also provided with training.
The appellant was offered a position as a carer for a person in the late stages of MS but he declined the position as that type of caring is outside his area of skill. The other position he was offered was too far away to be viable.
Respondent’s Case
A leader from the respondent gave evidence. The respondent’s philosophy is to facilitate persons with sensory disabilities to live independently. Each leader chooses his assistants. There is a close working relationship between leader and assistant. When an assistant is no longer needed he is offered a position when one becomes available and is provided with training.
Positions are dependent on HSE funding and the needs of individual leaders. The leader in each case chooses an assistant but the respondent is the employer.
Determination
The Tribunal considered the evidence adduced and is satisfied that the appellant’s employment ended due to redundancy when the leader he worked for retired. The appellant is awarded a redundancy payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:
Date Employment Began 03 January 2006
Date Employment Ended 20 April 2012
Gross Weekly Wages €303.20
This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)