RP753/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

Simeon Starrs – appellant                                                                             RP753/2013

Against

Multiprint Limited T/A Multiprint Labels – respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms O. Madden B.L.

Members:       Mr. L. Tobin

Mr J. Flannery

heard this appeal at Dublin on 10th October 2014

Representation:

_______________

Appellant(s):              In person

Respondent(s):           Mr Joe Bolger

ESA Consultants

The Novum Building, Clonshaugh Ind Est, Dublin 17

The decision of the Tribunal was as follows:-

Summary of Evidence:

The appellant was employed as a printer by the respondent company from 16^th October 2006. He was put on lay-off on 1^st April 2013 and the employment was terminated on 14^th June 2013. The respondent did not dispute the appellant’s entitlement to a redundancy payment. However, the respondent contended that there had been a break in the appellant’s service in 2009 and accordingly when a redundancy situation arose in 2013 had offered the appellant a lump sum based from the date of recommencement of employment on 4^th May 2009.

The appellant gave evidence that in January 2009 he was notified that his position was being made redundant but that the company was unable to pay his lump sum payment. He was instructed to pursue the matter with the Department of Social Welfare which he did. He had not received any redundancy payment by May 2009 when the respondent offered to re-employ him. A week after recommencing the General Manager said that he had received correspondence from the Department of Social Welfare regarding his redundancy claim. He told the appellant that he did not need to pursue this claim as his service would not be broken from his previous employment. The appellant accepted this and withdrew his claim. The respondent was not in a position to refute this at the hearing.

On 29^th March 2013 he was notified that he was being put on lay-off and given an rp9 form. The form rp9 identified his commencement date as 16^th October 2006. In June 2013 the appellant sought a redundancy lump sum payment and was disappointed when the sum being offered was calculated on his service from May 2009. Accordingly he rejected this sum and pursued the matter through the Tribunal.

Determination:

The Tribunal is satisfied that a redundancy situation occurred and that the appellant’s service was continuous from 16^th October 2006. He is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following information:

Date of Birth:                        

Date of Commencement:       16^th October 2006

Last day worked:                    1^st April 2013

Date of Termination:              14^th June 2013

Weekly Gross Pay:                 €831.22

This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that a statutory weekly ceiling of €600.00 applies to payments from the Social Insurance Fund.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)