EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Vytautas Grebliauskas RP801/2013
against
Lsm Engineering Limited
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. N. Russell
Members: Mr. J. Hennessy
Mr. P. Trehy
heard this appeal at Portlaoise on 2nd October 2014
Representation:
Appellant: In person
Respondent: Mr. Michael McNamee BL instructed by Das Group,
Europa House, Harcourt Centre, Harcourt Street, Dublin 2
Determination:
The Claimant received incorrect advices in relation to his entitlement under Section 12 of the Redundancy Payments Act 1967 and relied on those advices.
On the evidence given by both the Claimant and Ms. N for the Respondent Company, the Tribunal is satisfied that the Recession necessitated the placing of the Claimant and his fellow employees on short-time.
The Claimant, on the basis of advices received by him, served an RP9 on the Respondent Company on the 28th of June 2013. In so doing, he did not comply with the provisions of Section 12 in so far as his periods of short-time had not reached the levels required under either Sections 12(2)(a) or 12(2)(b). The service of an RP9 was premature.
Further, notwithstanding the service of an RP9 by him, the Claimant continued in the Respondent’s employment and by early 2014 had returned to full employment with the Respondent, a position which he continues to hold.
In the circumstances, the Claimant is unsuccessful in his claim before the Tribunal under the Redundancy Payments Act 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)