RP467/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

Ricardo Dalafu                                                                                                         RP467/2012

against

1. Merriville Holdings Ltd
2. Merriville Ltd

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. K.T. O'Mahony B.L.

Members:     Mr J. Hennessy

                    Mr F. Dorgan

heard this appeal at Kilkenny on 22nd April 2014 and Thurles on 29^th May 2014

Representation:

Appellant:

Mr. Walter A. Smithwick, Smithwick & Son, Solicitors, 43 Parliament Street, Kilkenny

Respondent:

Mr. John O’Neill, Director of the respondent.

Back ground:

The claimant commenced employment with the respondent on 1^st April 2003 and continued to work 39 hours per week until he was laid off due to the unavailability of work from 31^st August 2011. On 24^th January 2012 the claimant sought payment of a redundancy lump sum from the respondent by presenting a form RP50 to the respondent. On receiving the form RP50 the respondent told the claimant that there was no work for him and to seek employment elsewhere.

At some subsequent unspecified date the respondent tried, without success, to contact the claimant in order to offer him further employment. The respondent did not reply in writing to the claimant, within seven days of his application for redundancy, offering him a return to work.

Determination:

The Tribunal is satisfied that the claimant was made redundant on 24^th January 2012, when he was told there was no work for him and to seek employment elsewhere.

Accordingly, the claimant is entitled to a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)