EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Benny Whitehouse - appellant RP1032/2013
Against
C & M Construction Limited -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr C. Lucey
Mr J. Jordan
heard this appeal at Dublin on 13th August 2014
Representation:
Appellant: SIPTU, Liberty Hall, Eden Quay, Dublin 1
Respondent: No appearance or representation on behalf of the company.
The decision of the Tribunal was as follows:-
The Tribunal is satisfied that notification of the hearing was issued to the respondent company at its registered office. A T2 form disputing the claim was entered by the company with a cover letter indicating that the claim was disputed on the basis that the appellant was absent on sick leave, never returned to work and that there is no longer employment for him. However, there was no appearance or representation on behalf of the company at the hearing.
It was the appellant’s evidence that he was absent on sick leave and was submitting medical certificates in person to the company. On one occasion in February 2013 he was told to stop attending the company with the medical certificates. The appellant telephoned on a number of occasions to have his employment position clarified but the company would not accept his telephone calls.
The union on behalf of the appellant submitted an RP9 form to the company at the end of August 2013 detailing a period of lay-off from 1 July 2008 to 29 August 2013. However, no response was received from the company.
The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Birth: n/a
Date of Commencement: 1 January 2006
Period of non-reckonable service due to lay-off: 1 July 2008 to 29 August 2013
Date of termination: 29 August 2013
Gross Weekly Pay: €700.00
*Please note that a statutory ceiling limited of €600.00 applies to all payments from the Social Insurance Fund.
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)