EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Fergal O'Driscoll - appellant RP254/2013
Against
Galway County Council
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. L. Gill
Mr T. J. Gill
heard this appeal at Galway on 26 August 2014
Representation:
Appellant(s) : In person
Respondent(s) :Mr Eamonn Hunt, Local Government Management Services Agency,
Local Government House, 35-39 Ushers Quay, Dublin 8
The decision of the Tribunal was as follows:-
Determination
There is no dispute around the facts of the employment in this case. The Tribunal heard submissions from both parties.
The appellant was employed as an executive engineer by the respondent organisation. He was appointed to the position in March 2008 to fill in for another employee who was assigned to a project. The appellant’s employment was terminated in December 2012.
The respondent submitted that the appellant’s employment ceased when the employee (KW) who he had filled in for returned. The respondent argued that the appellant was not entitled to a redundancy payment. The respondent conceded that KW returned to a role in the water services division and not to the area of land acquisitions.
The claimant submitted that he was entitled to a redundancy payment having fulfilled the requirements under Section 7 (1) and 7 (2) (a) and (b) of the Act.
The core activity of his employment involved the acquisition of land. The employee who returned was not assigned to the role in land acquisitions as this role had ended.
The Tribunal considered all of the documentation submitted and the legal argument made by the parties. Section 7 (2) of the Act provides
“ For the purposes of subsection (1), 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 purposes 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, or |
(b) the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish.” |
The Tribunal is satisfied that a redundancy situation existed and noted that the respondent accepted that the role in land acquisitions had come to an end. The fact the employee PW assigned to a different role is further evidence of the role ending. The appellant is entitled to a redundancy payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of Birth:
Date of Commencement: 31 March 2008
Date of Termination: 30 December 2012
Weekly Gross Pay: €662.74
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Please note that a weekly ceiling of €600 applies to all awards made from the Social Insurance fund.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN) |