EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Stephen O'Connor -claimant RP426/2013
Against
Kylemore Services Group -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S. C.
Members: Mr C. McHugh
Ms M. Maher
heard this appeal at Dublin on 15th May 2014
Representation:
_______________
Appellant: In Person
Respondent: Mr Seamus White, O'Riordan's, Solicitors, 23 Kingram Place, Dublin 2
Summary of Evidence
The respondent agreed an enhanced redundancy package with the Union. The appellant was present when the enhanced redundancy package was passed by majority vote. The appellant was paid statutory redundancy plus an ex-gratia payment. The respondent deducted 15% from the ex-gratia payment in place of the employer rebate that was in existence up to the 1st of January 2013.
The appellant took this appeal without consulting his Union as he believes that 15% was deducted from his statutory redundancy payment. The respondent supplied the breakdown of the payment made to the appellant to Tribunal and appellant.
Determination
Following negotiations between the respondent and the appellant’s trade union a redundancy package was agreed on behalf of a number of employees including the appellant. This involved a payment to him considerably larger that the statutory redundancy amount.
The paperwork seemed to indicate that a sum of 15% was deducted from his statutory amount and led him to believe he had not received his full statutory entitlement.
The respondent admitted that they had made an error in the documentation that accompanied the RP50 but that his full statutory entitlement was paid to him as part of the larger sum paid.
It is clear that the appellant received his full statutory redundancy as per the RP50 signed by the appellant and therefore the appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)