EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
William Donohoe – appellant RP1006/2012
against
Dunboyne Area Community Employment Company Limited – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. O'Leary B L
Members: Mr P. Pierson
Mr T. Brady
heard this appeal at Trim on 5th March 2014
Representation:
_______________
Appellant(s): In person
Respondent(s): Mr Dan O'Connell
O'Connell & Associates, 36 Castle Park, Ashbourne, Co Meath
The decision of the Tribunal was as follows:-
Summary of Evidence:
The appellant was employed by a community employment scheme from March 2009 until February 2012. He received his social welfare payment plus €20 per week top-up for19.5 hours’ work. The scheme operates on yearly contracts for the purpose of providing training and work experience to participants. The appellant had his contract renewed on two occasions. His contract was not renewed further as there was a waiting list for the scheme and it is required that as many applicants as possible are given an opportunity to avail of the scheme within the community.
Scheme rules state that under 55s may participate for a maximum of three years on a scheme. Those between 55 and 65 may participate on a scheme for 5 years. The appellant did not pay a social insurance stamp but rather received a credit as if on social welfare. He was paid through the scheme, which is funded by the Department of Social Protection.
Determination:
The Tribunal finds that the appellant’s employment was not insured under the Social Welfare Acts for the purposes of redundancy payments and therefore the appeal fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)