EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UD764/2012
RP145/2014
Mary O'Sullivan - claimant MN568/2012 WT251/2012
against
Declan Joyce Practising As Kelly Colfer Son & Poyntz - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Browne
Mr N. Dowling
heard this claim at Wexford on 28th February 2014
Representation:
Claimant: Mr. Mark Finan, B.L., instructed by Mr. Frank Heffernan,
Heffernan Foskin Solicitors, Otteran House, South Parade, Waterford
Respondent: Ms. Sarah Phelan, S.C. and Conor Roberts B.L. instructed by
Mr Michael Lanigan, Poe Kiely Hogan Lanigan, Solicitors,
21 Patrick Street, Kilkenny
Background:
During the course of the above hearing it was agreed by both parties that a redundancy situation existed. An application was made on consent to amend the Workplace Relations Complaint Form to include a claim under the Redundancy Payments Acts, 1967 to 2007. The claimant withdrew the claims under the Unfair Dismissals Acts, 1977 to 2007, Minimum Notice and Terms of Employment Acts, 1973 to 2005, and Organisation of Working Time Act, 1997.
An application was made to extend the time limit to submit a claim under the Redundancy Payments Acts, 1967 to 2007, from 52 weeks to 104 weeks. This application was granted by the Tribunal having heard evidence from the claimant on this issue.
Evidence was given on behalf of the claimant and the respondent that the employment ended by reason of redundancy due to a downturn in the volume and value of transactions particularly in relation to conveyancing and probate work which comprised a large part of the claimant’s duties.
Determination
Having considered the evidence of the parties the Tribunal finds that a redundancy situation arose due to a downturn in the volume of conveyancing and probate work in the respondent’s practice and that the claimant was dismissed by reason of redundancy.
Accordingly, the claimant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
Date of Birth
Date of Commencement: 7th August 1977
Date of Termination: 5th April 2012
Gross Weekly Wage: €1,153.85
This award is made subject to the claimant having been in insurable employment under the Social Welfare Acts during the relevant period.
A statutory ceiling of €600 per week applies to all payments from the Social Insurance Fund.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)