EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
RP780/2012
Employee - appellant
against
Employer - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr G. Mc Auliffe
Mr. J. Dorney
heard this appeal at Dublin on 5th March 2014
Representation:
_______________
Appellant(s) : Mr Stephen McCullough BL instructed by McArdle & Co Solictors, 1
Belmont Avenue, Donnybrook, Dublin 4
Respondent(s) : ESA Consultants, The Novum Building, Clonshaugh Industrial
Estate, Dublin 17
Determination
Section 7 (2) of the Redundancy Payments Act provides that
….”an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to-
(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purpose of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed..”.
Section 15 (2) of the Redundancy Payments Act provides that
“An employee……… shall not be entitled to a redundancy payment if in the period of two weeks ending on the date of dismissal –
(a) his employer has made to him in writing an offer to renew the employee’s contract of employment or to re-engage him under a new contract of employment,
The appellant is entitled prima facia to redundancy unless he has refused an offer of alternative employment pursuant to Section 15 (2) of the Act. There was a dispute between the parties as to whether the appellant was offered alternative employment but no evidence was proffered to the Tribunal that any such offer was made in writing. In those circumstances the Tribunal is satisfied that Section 15 (2) does not apply and a genuine redundancy situation exists.
Accordingly the Tribunal awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of Birth: 8 March 1974
Service from: 19 August 2005 to 30 June 2011
Normal weekly remuneration: €441.75
Amount of redundancy Payment: €5627.90
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)