EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Michael Hayes RP566/2013
against
Erne Plas Ireland Limited
and
Erne Guttering Limited
and
Erne Guttering Limited
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. P. Casey
Ms. H. Kelleher
heard this appeal in Cork on 7 October 2014
Representation:
_______________
Appellant(s):
Mr. Troy O Donoghue, West Cork Citizens Information Service,
South Square, Macroom, Co. Cork
Respondent(s):
There was no attendance at the Tribunal hearing by or on behalf of the respondents or any official liquidators or duly appointed officer.
The appellant claimed that his employment, which commenced on 22 August 2005, ended by reason of redundancy on 20 July 2012. His gross weekly pay was €579.26.
A hearing notice was sent to respondent addresses but no respondent evidence was offered at the hearing.
The appellant confirmed that he had been employed as a lorry driver for Erne Plas Ireland Limited but that its Cork depot had closed in 2010. His employment continued but from December 2011 to January 2012 his payslip ceased to refer to Erne Plas Ireland Limited and cited another company Erne Guttering Limited. However, his line manager (hereafter referred to as VX) remained the same throughout and his work obligations and conditions never changed. The change of named employer had occurred without his consent or any explanation being given to him. In summer 2012 he received a phone call from VX and his employment ended by reason of redundancy on 20 July 2012.
Determination:
The Tribunal finds that the appellant was made redundant from his employment on the 20th of July 2012 and at the time of the redundancy Erne Plas Ireland limited were his de facto employers.
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of birth:
Date of commencement: 22 August 2005
Date of termination: 20 July 2012
Gross weekly pay: €579.26
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)