EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
RP1842/2011
Sheila Neary, - Appellant MN1478/2011
against
Teagasc, Head Office, - Respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. C. Egan BL
Members: Mr. W. O’Carroll
Ms. H. Henry
heard this appeal at Roscommon on 12th November 2012
and 10th March 2014
Representation:
Appellant(s) : In Person
Respondent : Hayes, Solicitors, Lavery House, Earlsfort Terrace, Dublin 2
The decision of the Tribunal was as follows:-
Background:
These appeals first came before this division of the Tribunal in Roscommon on the 12th November 2012. A preliminary issue was raised concerning the 12-month time limit to lodge an appeal under the Redundancy Payments Acts, 1967 to 2007.
The appellant’s employment was terminated on the 30th June 2009. She lodged a T1A form to the Employment Appeals Tribunal on the 28th June 2011.
Submissions were made by both parties on the first day of the hearing on the 12th November 2012.
The Tribunal considered the matter and determined that the time limit for the submitting of the appeal would be extended as the appellant had been delayed lodging her appeal due to the respondent and her union misleading her in lodging a claim to the Employment Appeals Tribunal as she had been employed on a fixed term contract.
The parties settled the matters on the day but the appellant later re-entered her appeals on the 20th December 2012 for hearing.
On the second day of the hearing submissions and sworn evidence were given on behalf of the appellant and the Employer Relations Manager for the respondent.
The respondent conceded the appeal under the Redundancy Payments Acts, 1967 to 2007 but stated the appellant had been retained for the last 9 months of her employment on a gross wage of €266.91 and therefore her redundancy payment should be calculated on that figure.
The appellant contended she should receive her redundancy payment calculated on her original gross wage of € 512.00.
In respect of her appeal under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 the respondent contended that as the appellant was retained on a fixed term contract with an end date stated and was not entitled to a minimum notice payment. The witness for the respondent told the Tribunal that a letter dated the 21st May 2009, sent to the appellant’s work address and line Manager by ordinary post, stated her employment would terminate on the 30th June 2009.
The appellant contended that that there were ongoing negotiations regarding her contract and she had never received the later dated the 21st May 2009 and therefore was not aware when her contract would end.
Determination:
The Tribunal have carefully considered all the evidence and submissions in this case.
The respondent conceded the appellant was entitled to a redundancy payment and the Tribunal awards her a redundancy lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following:
Date of Birth:
Date of Commencement: 19 June 2006
Date of Termination: 30 June 2009
Gross Weekly Wage: €266.91
There was a conflict in the evidence adduced regarding the letter of the 21st May 2009 and whether the appellant received it at her work address. The appellant’s contract stated:
“17. Your terms and conditions may be revised in accordance with agreements reached between the union representing your grade and (respondent).”
On the balance of probabilities the Tribunal finds loss has been established and awards the sum of €533.82, this being two weeks gross wages under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
These awards are 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)