EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE -appellant
RP567/2012
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 F. Dorgan
heard this appeal at Wexford on 11th November 2013
Representation:
Appellant: In person
Respondent: A director of the company
Background:
The appellant was employed as a production operative. The appellant was absent on sick leave from the time of 27September 2010. It was accepted that the appellant submitted medical certificates until December 2010. On one occasion he informed the factory manager in person that he was awaiting an operation and would be in contact thereafter.
However, by April/May 2011 there was no further contact from the appellant and the director asked the factory manager to contact the appellant. By that time there were eight remaining employees due to the decreasing volume of work. The factory manager’s attempts to contact the appellant by telephone were unsuccessful.
When the factory manager failed to make contact with the appellant the director wrote a letter dated 11May 2011 to the appellant enquiring as to his situation and stating that if no contact was made his employment would be terminated. When there was no response the director wrote a further letter dated 28 August 2011 stating that the appellant’s employment was being terminated.
The appellant said hedid not receive the company’s correspondence. It was noted that the appellant’s address differed from that on the company’s letters. The director stated he had used the address provided by the appellant on his application for work.
The appellant stated that when he was finally in a position to report for work he was informed that there was no work for him. In January 2012 he received a P45 citing the date of cessation of his employment as 31 October 2011. At that time the appellant had attended his doctor as recently as 29 September and was still certified as unfit for work.
The appellant was aware during the period of sick leave that the remaining employees were placed on reduced working hours. When the appellant attempted to return to work he was informed that there was no further work for him and that he was no longer working for the company.
Determination:
The Tribunal finds that the appellant’s employment ended by reason of redundancy and that the period he was absent from work up to the date of termination he was on sick leave. Accordingly, the appellantis entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of birth: 1February 1962
Date of Commencement: 11September 2006
Non-reckonable service due
to illness in excess of 26 weeks: 4 April 2011 to 31 October 2011
Date of Termination: 31 October 2011
Gross Weekly Pay: €373.50
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)