EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE -appellant
RP309/2012
against
EMPLOYER -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Ryan
Members: Mr E. Handley
Mr D Thomas
heard this appeal at Dublin on 15th August 2013
Representation:
Appellant: In person
Respondent: A director and former book-keeper.
Background:
The appellant was employed as a driver from September 2004. For the last six months of the employment the appellant was placed on reduced working hours. The appellant received a redundancy payment of €6,654.93 since the lodgement of the claim. The company calculated this figure by taking the average wage paid (€429.35) from the tax deduction card based on a full week’s pay
However, it was the appellant’s case that he was in receipt of a net payment of between €512 and €540 with the exception of the six months. The appellant submitted that the redundancy payment should have been calculated using the higher figure. The appellant did not know the gross figure. It was the respondent’s case that the difference between the figures was due to subsistence paid to the appellant and not wages.
Determination:
The Tribunal is satisfied from documentation submitted that the appellant’s redundancy payment was calculated correctly. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2003, is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)