EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Donal Coughlan - claimant UD1343/2012
RP985/2012
against
Tipperary Rural & Business Development Institute Ltd
T/A Tipperary Institute -respondent
Tipperary Rural & Business Development Institute Ltd
T/A Tipperary Institute (In Liquidation) -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms K. T. O'Mahony B.L
Members: Mr. J. Hennessy
Mr. F. Dorgan
heard this claim at Clonmel on 27th February 2014
Representation:
Appellant: In person
Respondent: Mr. T. Mallon BL instructed by Ms S. Buckley Solicitor
Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2
Mr. Adrian Liston, Liston Lonergan & Associates, Accountants,
5th Floor, Cornmarket Square, Limerick
The claim under the Unfair Dismissals Acts, 1977 To 2007, was withdrawn by the claimant.
The appeal under the Redundancy Payments Acts proceeded.
The determination of the Tribunal was as follows:-
The Tribunal was asked to determine the date of the termination of the appellant’s employment by reason of redundancy. The appellant did not give evidence but called two witnesses on his behalf to give evidence.
Determination:
The HR manager, at the relevant time, who gave evidence on behalf of the appellant, told the Tribunal that his employment ended on 31 August 2011 in accordance with the notice of termination she issued to him in early June 2011. His employment ended because the employee with whom he was job sharing was resuming her full-time position as of that date. Accordingly, as a redundancy situation existed the Tribunal awards the appellant a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967 to 2007, based on the following information:
Date of commencement of employment: 01 October 2008
Date of termination of employment: 31 August 2011
Gross monthly pay: €2,660.00
This award is subject to a statutory weekly ceiling of €600.00. This award is 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)