EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Con Lucey RP252/2013
against
Labner Limited t/a Premier Cosmetics
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony BL
Members: Mr. P. Casey
Ms H. Kelleher
heard this appeal in Cork on 27 June 2014
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
Mr W.P. O'Grady, Company Secretary, Labner Limited t/a Premier Cosmetics,
18E South City Business Park,
Whitestown Way,
Tallaght,
Dublin 24
The decision of the Tribunal was as follows:-
Summary of the Evidence
The appellant commenced employment with the respondent on 6 April 1998, working five days a week and his gross weekly pay was €473.00.
In mid 2008 the appellant’s working week was reduced to three days.
In mid 2009 his hours per day were reduced from 8.5 hours to 6.5 on the three days he was working.
The appellant was put on temporary lay-off in July 2009.
In February 2010 he was told that, according to the respondent’s needs, he would work six to eight days per month. He received a social welfare payment in respect of the days he did not work for the respondent.
In late April 2012 the respondent’s operations manager told the claimant that his function was being relocated to Dublin but that he would offer him work on odd days. The appellant sought his P45 from the respondent around the end of April 2012. He required it for Social Welfare purposes.
Because 5 April 2012 was the last day the appellant had received work from the respondent, he submitted Form RP50 to the respondent on 6 February 2013 seeking a redundancy payment.
By letter dated 18 February 2013the respondent indicated to the appellant that he would be required from time to time on an as needs basis to assist with the future needs of the respondent. However, not having been needed by the respondent, he applied to the Tribunal for a redundancy payment.
The respondent’s position, put forward by the respondent’s representative and secretary (CS), was that the appellant’s position continues to exist and he had not been made redundant. In seeking his P45 the appellant had effectively resigned from his position. CS further contended that the appellant had accepted the reductions in hours of work as it suited him to work on the family farm, firstly after his father took ill and then when he had passed away. The respondent had facilitated the appellant to work certain hours. The respondent had no plans to make the appellant redundant.
The appellant confirmed that he had been farming and that his father had died but he had been able to farm and work for the respondent as well. He had never asked for reduced hours. He had been managing to do everything but his hours for the respondent had varied. He ultimately had been working one day per week when called upon by the respondent.
Determination:
The redundancy situation crystallised in early February 2013. However the effective date of the redundancy was 5 April 2012, the last day on which the claimant worked.
From the documentation submitted to it the Tribunal determines that at the relevant time the appellant’s earnings were €102.17 per week.
Accordingly, the appellant is entitled to a redundancy lump under the Redundancy Payments Acts, 1967 to 2007, based on the following facts:
Date of birth:
Date of commencement: 06 April 1998
Date of termination: 05 April 2012
Gross weekly pay: €102.17
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)