EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Employee - appellant RP328/2012
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr. W. O'Carroll
Mr F. Dorgan
heard this appeal at Limerick on 18th November 2013
Representation:
_______________
Appellant: Maurice F. Noonan & Son, Solicitors, Rathkeale, Co. Limerick
Respondent: Wallace Reidy & Co., Solicitors, 24 Glentworth Street, Limerick
Background
Although the respondent instructed a representative to attend the hearing, there were no witnesses/evidence provided by the respondent company.
The fact that a redundancy situation existed within the respondent is not contested in this case only the date of cessation. The appellant maintains that he served the RP9 on the 26th of January 2012 and that is therefore his cessation date. The respondent contends that he was made redundant in December 2011.
The appellant worked as an electrician with the respondent from the 29th of August 2002. In his last two years of employment circumstances changed which meant he was on short-time or lay-off for the last year and a half of employment. The lay-off could last from 4 to 8 weeks with 2 weeks intermittent work; there was no discernible pattern of work.
In January 2012 the appellant initiated his redundancy by submitting an RP9 notice to claim redundancy on the respondent. The respondent said they could not sign the RP9 as they could not afford to pay his redundancy. Due to this response the appellant then sent the RP9 by registered post to the respondent.
The respondent then asked the appellant to a meeting. At this meeting the respondent asked the appellant ‘to do them a favour’ by saying he was made redundant in December 2011 instead of January 2012. The appellant said that he could not as this action would be fraudulent. The respondent informed him that due to financial implications the December cessation date would be used ‘either way.’
In February 2012 the appellant received a P45 stating the 21st of December 2011 as his end date, a final payslip that included a notice payment and his holiday entitlements. The appellant had not received any written correspondence regarding the termination of his employment from the respondent up until this date.
Determination
The Tribunal find that the appeal under the Redundancy Payments Acts, 1967 to 2007 succeeds and awards the appellant a redundancy lump sum based on the following criteria;
Date of Birth: 11 June 1975
Date of Commencement 29 August 2002
Date of Termination 26 January 2012
Gross weekly pay €800.00
This award is made subject to the appellant been in insurable employment under the Social Welfare Acts during the relevant period. Please note a statutory ceiling of €600.00 per week applies to all payments from the Social Insurance Fund.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)