EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Employee - claimant RP593/2012
against
Employer - Respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr D. MacCarthy S C
Members: Mr B. Kealy
Mr J. Dorney
heard this appeal at Dublin on 4th December 2013
Representation:
Appellant : In person
Respondent : Ms Ailionora McMahon B L instructed by
Molloy Murphy, Solicitors, Unit 4, Coolport, Coolmine Business Park, Dublin 15
The decision of the Tribunal was as follows:
The parties to this case informed the Tribunal that all outstanding matters between them were now resolved. It was common case that redundancy was not in dispute as it was a fact in this case. The respondent had prior to this hearing discharged a redundancy payment to the appellant on the belief that it had fulfilled its statutory obligations under the relevant Acts. The Tribunal did not accept their stance on that issue and that led to the respondent agreeing to a revised weekly wage for the appellant.
As a consequence the appeal under the Redundancy Payments Acts, 1967 to 2007 succeeds and the appellant is awarded a statutory lump sum under those Acts, and based on the following:
Date of Birth: n/a
Date of Commencement : 21 May 2004
Date of Termination: 12 April 2012
Gross Weekly Wage: €367.77
This award is made subject to the appellant having been in insurable employment during the relevant period.
According to the redundancy calculator from the Dept. of Social Protection and based on the above the total statutory amount is €6163.83. All parties accepted that the appellant had previously received €3727.31 for his redundancy. Therefore the net amount due to him is €2436.52
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)