EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Igors Kuznecovs RP956/2012
against
Walsh Aluminium Fabricators Limited t/a Walsh Windows
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr. T.L. Gill
Mr J. Flavin
heard this appeal in Limerick on 11 July 2014
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No legal representation
The decision of the Tribunal was as follows:-
The appellant claimed that his employment, which commenced on 14 March 2005, ended by reason of redundancy on 10 June 2012. His gross weekly pay was stated to be based on twenty-four hours at €12.11 per hour (i.e. €290.64).
The respondent’s position as given by MG (HR) and JSW (director) was that it had wanted the appellant on a three-day week and available at the respondent’s behest when required. It was acknowledged that the appellant had been a good worker of whom the respondent thought highly.
The appellant’s position was that he had got supplementary social welfare for two days per week when the respondent only needed him for three days but that this had become a difficulty in that he had been told that social welfare could not go on forever. Ultimately he decided to return to Latvia. Assisted by an interpreter, the appellant told the Tribunal that EW (a member of the respondent’s three-man management team and the accountant for the business) had given an assurance that he would receive a redundancy lump sum.
The respondent did not dispute that the appellant had little English but told the Tribunal that EW had passed away and could not be subpoenaed to attend the hearing. It was accepted that redundancy had been claimed by employees.
Showing that there had been much misunderstanding (linguistic or otherwise) the appellant mentioned to the Tribunal that he had decided to return to Latvia though the respondent thought he wished to go to London.
The respondent was not refusing to pay the appellant a redundancy lump sum but thought that it could keep the appellant on a three-day week. This system worked until the appellant became concerned that a two-day supplementary social welfare allowance might not be obtainable every week into the indefinite future.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal unanimously finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of birth:
Date of commencement: 14 March 2005
Date of termination: 10 May 2012
Gross weekly pay: €290.64
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)