RP446/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                               CASE NO.

                                                                                                                        RP446/2012

EMPLOYEE - Appellant

Against

EMPLOYER -Respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                    Mr A. Butler

heard this appeal at Carlow on 6th December 2013.

Representation:

Appellant:       John S. O’Sullivan, Solicitors, 14 Castle Street, Carlow

Respondent:    In person

The decision of the Tribunal was as follows:-

Background:

It was the appellant’s case that he was employed by the respondent from 18^th October 2004.   He was initially employed as a general farm operative and then a lorry driver.   On the 20^th May 2011 he was laid off due to a downturn in the respondent’s operation.   He was furnished with a letter which stated he was being put on temporary release for the unforeseeable future. This letter also stated that this was due to a lack of work and hopefully once the respondent attained more work he would notify the appellant.

The respondent did not dispute the evidence of the appellant other than to say he offered the appellant work for the period July - November 2011 and he refused to take it up.   On clarification the work offered to the appellant was for a short duration with the hope of other work at some future date.

Determination:

Having considered the evidence of the parties adduced at the hearing, the Tribunal finds that the respondent laid the appellant off due to a downturn in his business.   The Tribunal finds that the appellant was furnished with a letter stating that the lay-off was temporary and for the unforeseeable future.   However, it was more than four weeks after the lay-off that the respondent had work for the appellant and this work was for a short duration.   Thus the statutory condition for the initiating of the lay-off procedure - that there was a reasonable belief that the cessation of employment would not be permanent - was not fulfilled and the appellant is entitled to base his claim for a redundancy payment on that fact.

Accordingly,the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:

Date of Birth                           31^st May 1959

Date of Commencement:        18^th October 2004

Date of Termination:               20^th May 2011

Gross Weekly Wage:              €390.00

This award is made subject to the appellant fulfilling current social welfare requirements in relation to PRSI contributions.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

             (CHAIRMAN)