EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
John Patrick O' Connor - appellant RP147/2012
Against
John Dolphin - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Ms M. Sweeney
Ms H. Kelleher
heard this appeal at Cork on 29 August 2013
Representation:
Appellant(s) : Mr Roger Morley Solicitor
W. St. Clair Rice & Company Solicitors, 103 Main Street, Midleton. Co Cork
Respondent(s) : In person
The decision of the Tribunal was as follows:-
Summary of Evidence
The respondent gave evidence of the appellant commencing employment in March 2005. The respondent operated a plant hire business. The respondent described the period 2006 to 2008 as busy. This changed in 2009 however when he had work he always offered it to the appellant. It was his belief that the appellant had other work. At the end of January 2009 he met with all the employees and advised them of the situation. The appellant sought to remain on the books and was put on lay-off. In August 2011 he offered the appellant approximately one week’s work which he turned down. A further offer of work was made in January 2012 for a period of six to seven weeks which was also turned down.
The parties agreed that the commencement date was March 2005 and employment ended on 15 August 2011. The appellant recalled the offer of work in August 2011 but at that stage it had gone too far and he sought a redundancy payment.
Determination
The Tribunal having considered the evidence made by both parties is satisfied that the employee was laid off in January 2009 and that his employment was ultimately terminated on 15 August 2011.
The Tribunal noted that the appellant was laid off due to the fact that there was no work for him. His employment was subsequently terminated on the 15 August 2011. The Tribunal finds that termination of employment was by reason of redundancy and awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007, based on the following information:
Date of Commencement: 15 March 2005
Date of Termination: 15 August 2011
Weekly Gross Pay: €397.00
There were the following periods of non-reckonable service due to lay-off:-
- 16 August 2008 to 6 September 2008
- 1 January 2009 to 22 August 2009
- 1 January 2010 to 10 November 2010
- 1 January 2011 to the end of the employment on 15 August 2011
This award is made subject to the appellant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)