RP185/2013, MN485/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

Martin Ryan                                                                                                                    

                                                                                                           RP185/2013                                                                                                                                                                                        MN485/2014

Against

Glen Wood Preservation Limited

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr J. O'Connor

Members:     Mr D. Hegarty

                    Mr O. Wills

heard this appeal at Killarney on 11th June 2014

Representation:

Appellant: The appellant in person

Respondent:

             Maurice Coffey & Co, Solicitors,

             "Rushbrooke House", Upper Lewis Road, Killarney, Kerry

Background:

The appellant commenced employment with the respondent on 19^th July 2010 and was placed on “Short-Time Working” from April 2012. On 28^th December 2012 the appellant requested a return to full time work or a redundancy lump sum payment. The respondent made no reply to this request other than to send the appellant’s P45 to him. The date of cessation given on the P45 was 28^th December 2012.

Determination:

The Tribunal carefully considered the evidence adduced at the hearing. The claimant sought payment of redundancy having been on Short-Time for at least 4 weeks. In such circumstances the appellant is not entitled to notice of redundancy and therefore the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 fails. In considering Section 12 & 13 of the Redundancy Payments Act, 1967 finds that the appellant is entitled to a redundancy lump sum.

Accordingly the Tribunal awards the appellant a lump sum redundancy payment 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.

It should be noted that any payment made through the Social Insurance Fund is calculated based on maximum gross earnings of €600.00 per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)