RP805/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                CASE NO.

Employee                                                                                                       RP805/2012

against

Employer

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr P. Hurley

Members:     Mr T. Gill

                   Ms H. Murphy

heard this appeal at Limerick on 13th December 2013

Representation:

_______________

Appellant:             Mr Sean Heading, TEEU, 15 Anne Street, Limerick

Respondent:         Mr Gerard Reidy, Wallace Reidy & Company, Solicitors, 24

                             Glentworth Street, Limerick

The decision of the Tribunal was as follows:-

Appellant’s Case:

The appellant gave evidence. He commenced working for the respondent in 2002 and was put on short time in September 2011. He was laid off for various periods of time and on January 24^th 2012 submitted an RP9 to his employer. DM the financial director accepted application but on 18^th February sent him a letter of dismissal citing performance issues and attitude as the reason for dismissal.

Respondent’s Case:

DM financial director told the Tribunal that the company had financial difficulties and short time and lay-offs occurred. She provided a summary of the claimants work schedule over a 13 week period and contended that he had not been laid off for more than 30 days during that period, he had in fact only been laid off for 29 days. She did not have any further discussion with the claimant and sent him a letter of dismissal because of an accident that occurred on his last day of work.  

Determination:

The Tribunal carefully considered the evidence adduced. The Tribunal is satisfied that the respondent’s business had financial difficulties and that the claimant was laid off for a broken series of six weeks where all six weeks occurred within a thirteen week period (as per the respondents own records). The respondent did not give counter notice or engage with the claimant to offer 13 weeks of continuous service.   

Therefore Tribunal finds that the appellant was made redundant and is entitled to a redundancy payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:

Date Employment Began        26 September 2002

Date Employment Ended       24 January 2012

Gross Weekly Wages              €800.00

This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)