RP61/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                               CASE NO.

                                                                                                                        RP61/12

EMPLOYEE- appellant

Against

EMPLOYER       - respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:     Mr R. Murphy

                    Mr F. Barry

heard this appeal at Dublin on 9th May 2013, 27th November 2013 and 13th January 2014

Representation:

Appellant:       Mr. Owen Keany BL instructed by Ms Rebecca Hearst, Michael O’Shea &                        Company Solicitors, 291 Templeogue Road, Dublin 6W

Respondent:    ESA Consultants, The Novum Building, Clonshaugh Industrial

                        Estate, Dublin 17

The decision of the Tribunal was as follows:-

Determination:

The appellant was employed as a truck driver. He commenced employment on 25^th July 2001. By letter dated 24^th November 2011 from the respondent the appellant was placed on lay off.

Section 13 (1) of the Redundancy Payments Act 1967 states:

(1)   Subject to subsection (2) an employee shall not be entitled to a redundancy payment in pursuance of a notice of intention to claim if, on the date of service of that notice, it was reasonably to be expected that the employee (if he continued to be employed by the same employer) would, not later than four weeks after that date, enter upon a period of employment of not less than thirteen weeks during which he would not be laid off or kept on short time for any week,

(2)   Subsection (1) shall not apply unless within seven days after the service of the notice of intention to claim, the employer shall give to the employee notice (in this Part referred to as a counter-notice) in writing that he will contest any liability to pay to him a redundancy payment in pursuance of the notice of intention to claim.

On 16^th January 2012 the appellant served an RP9 on the respondent. The respondent received this on 19^th January 2012. By letter dated 25^th January 2012 the respondent wrote to appellant offering him continuous work of not less than thirteen weeks effective from 13^th February 2012.   The appellant did not receive this letter until 26^th January 2012, being outside the seven day time limit as required under Section 13 (2) of the Redundancy Payments Acts, 1967 to 2007.

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

Date of Birth:                          23^rd June 1953

Date of Commencement:        25^th July 2001

Date of Termination:               24^th November 2011

Gross Weekly Wage:              €585.00

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)