UD198/2013, RP167/2013, MN120/2013, WT19/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                               CASE NO.

Paul Lyness – claimant                                                                                  UD198/2013

                                                                                                                        RP167/2013

MN120/2013

Against                                                                                                            WT19/2013

C2K Slipform Kerbing Limited – respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr T. Ryan

Members:        Mr M. Carr

Mr J. Flannery

heard this claim at Trim on 2nd April 2014

Representation:

_______________

Claimant(s):                Mr Jadel Naidoo BL, instructed by:

Ms Nicola Dowling

Joanne Kangley Solicitors, Anne Street, Bailieborough, Co. Cavan

Respondent(s):            Company Director

The determination of the Tribunal was as follows:-

The claimant’s employment as a driver with the respondent company began on 10^th January 2005. The claimant was put on short time on 15^th November 2010 due to a lack of work. Work came in sporadically. The last day worked was 22^nd August 2012. The claimant contended that he was laid off on this day but this was disputed by the respondent. The respondent wrote to him on 11^th October 2012 as the claimant had been erratic about turning up for work and the respondent could not contact him. The claimant replied by letter of 16^th October 2012 and enclosed a form RP9 with part B completed, which is notice of an employee’s intention to seek a redundancy payment. The respondent did not reply to this letter. He did not countersign the RP9 form as he could not afford to pay the claimant. The respondent agreed the weekly gross pay.

The respondent conceded the claim for 8 hours unpaid annual leave at a rate of €16.25 per hour under the Organisation of Working Time Act.

Determination:

The Tribunal finds that a redundancy situation occurred and that the employment was terminated by way of an RP9 form being served on the respondent by the claimant. This being the case the claims under the Unfair Dismissals Acts, 1977 to 2007, and the Minimum Notice and Terms of Employment Acts, 1973 to 2005 are dismissed.

The claimant is entitled to a redundancy lump sum payment based on the following information:

Date of Commencement:       10^th January 2005

Last Day Worked:                  22^nd August 2012

Date of Termination:              16^th October 2012

Weekly Gross Pay:                 €650.00

This award is made subject to the employee having been in insurable employment under the Social Welfare Acts during the relevant period.

The Tribunal awards the claimant €130 in respect of 8 hours’ unpaid annual leave under the Organisation of Working Time Act 1997.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)