RP586/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                           CASE NO.

Adam Richert - appellant                                                                                           RP586/2012

against

Winacre Stables Limited – respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms K.T. O’Mahony BL

Members:        Mr P. Casey

                        Mr O. Wills

heard this appeal at Cork on 11^th July 2013

Representation

Appellant:       Ms Helen Jeffords of Helen M. Jeffords & Co Solicitors,

                        Plunkett Chambers Business Centre, 21/23 Oliver Plunkett Street, Cork

Respondent:    In Person

The determination of the Tribunal is as follows

The appellant was employed by the respondent from December 2005 as a full-time yard manager, cleaning stables and the yard as well as helping to feed the horses. His appeal before the Tribunal is for a redundancy payment under the Redundancy Payments Acts by virtue of the termination of his employment.

Determination

There was a major conflict of evidence on many of the issues in this case. There was a conflict as to whether the appellant was put on lay-off or let go on 30 April 2011.There was a conflict as to whether the appellant was issued with Form RP9 shortly thereafter. One issue on which there was agreement was that the appellant sought Form RP9 from the respondent on or around late June 2011 and it was provided to him on or around 1 July 2011.

It was further in agreement that the claimant then demanded a redundancy payment from the respondent and that it was refused. As the respondent did not within seven days thereof offer the claimant at least thirteen weeks employment (during which he would not be on laid off or put on short time) with that employment commencing within four weeks, the appeal under the   under the Redundancy Payments Acts 1967 to 2007 succeeds. The appellant is entitled to a redundancy lump sum under the Acts, based on the following facts:

Date Employment Began                    12 December 2005

Date Employment Ended                   14 July 2011

(the period from 30 April 2011 to 14 July 2011 being non-reckonable service)                                                                                                                                          

Gross Weekly Pay                               €387.88                                                      

This award is made subject to the appellant having been in insurable employment under the social welfare acts during the relevant period.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)