EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Employee RP347/2013
against
Employer
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr M. Carr
Mr O. Nulty
heard this appeal at Monaghan on 28th November 2013
Representation:
_______________
Appellant: Mr Brian Morgan, Morgan McManus, Solicitors, The Diamond, Clones,
Co Monaghan
Respondent: Mr Conor Dunne, Higher Executive Officer, Redundancy
Payments Section, Department Of Social Protection, Block C,
Floor 2, Earlsfort Centre, Lower Hatch Street, Dublin 2
The decision of the Tribunal was as follows:-
Determination:
The Claimant commenced his employment with the respondent in May 2000. His employer’s business was carried out in Ireland, Northern Ireland and the United Kingdom. The Employee worked in the Northern Irish branch until he reached the age of 45. At which point, due to his disability, he was moved to the branch in Clones on the 30th September, 2011. The applicant was made redundant eleven months later in August, 2012.
The applicant has twelve years continuous service with this employer, he was working within the State at the time he was made redundant.
The relevant section of the Redundancy Payments Acts 1967 (as amended) are Section 4, Section 7 and Section 25.
In order to be eligible for Redundancy in this jurisdiction the following criteria must be satisfied.
- The Employee must have been dismissed by reason on redundancy.
- The Employee must have been employed by his Employer for the requisite period (104 weeks)
- He must have been an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts immediately before the date of the termination of his employment.
- He must be at the date of the dismissal working in this state (save for S25 (1) )
The claimant satisfies the above criteria and therefore is entitled to redundancy.
In computing, for the purpose of this Act, for what period of service a person was in continuous
employment, any period of service in the employment of the employer concerned while the employee was outside the State shall be deemed to have been in service in the employment of that employer within the state, section 25 (3).
The Tribunal finds that the appellant was dismissed by reason of redundancy and awards a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of Commencement: 20 May 2000
Date of Termination: 29 August 2012
Weekly Gross Pay: €433.38
This award is made subject to the appellant being employed under the relevant Social Welfare Acts during the above period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)