EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee RP664/2012
- appellant
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 F. Keoghan
heard this appeal at Dublin on 13 August 2013
Representation:
Appellant(s): Mr. John Curran BL instructed by:
Ms. Joan Donegan, IFUT, 11, Merrion Square, Dublin 2
Respondent(s): Ms. Maeve McElwee, IBEC, Confederation House,
84/86, Lower Baggot Street, Dublin 2
The decision of the Tribunal was as follows:-
Background:
The appellant was employed as a Programme Director for Children in the respondent’s research centre. In 1998 he was given a five-year contract. In 2000 his contracts changed to a three-year period, of which he received two. In 2003 there was a review of his contract and the project was to be slowly scaled down. He transferred to do a PHD on a Government scholarship.
In July 2006 a position for a Lecturer in Social Work was advertised. The appellant applied, was placed first on the panel but another person was appointed to the post.
From August 2007 to May 2008 the appellant was employed by an external agency. His fixed term contract with the respondent terminated on the 18th May 2011. He received a statutory payment for redundancy to the value of €4,860.00, this being three-years service.
Appellant’s Position:
The appellant’s position is that that there was no break in the appellant’s service from 1995 to 2011 as he was on secondment from the respondent company and there was no break in his service.
Respondent’s Position:
The respondent contends there was a break in service from 2003 to 2007. This, in their view, cannot be deemed continuous service as he was a registered Ph.D. student and received a tax-free (exempt from PAYE) stipend which cannot be considered to be a salary.
Determination:
The Tribunal have carefully considered the legal submissions adduced from both representatives of both parties in this case. The Tribunal finds they have no jurisdiction to hear the claim.
Accordingly the appeal under the Redundancy Payments Acts, 1967 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)