RP100/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                       CASE NO.

Ian Fleming                              - Appealant                                                                RP100/2013                           

Against

 R.A.A.S ventures Limited - Respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. D. Donovan B L

Members:     Mr J. Browne

                     Mr N. Dowling

heard this claim at Wexford on 27^th June 2014

Representation:

Appellant(s) :              Patrick Kavanagh, TEEU-South Eastern Regional Office, 83, Lower Road, Waterford

Respondent(s) :           In Person

The decision of the Tribunal was as follows:-

Background:

The respondent conceded the appellant was entitled to a redundancy payment but contested the date on which he commenced employment. The date of termination and the weekly gross wage figure was agreed.

Both parties gave sworn evidence concerning the matter.

The appellant commenced employment as a self-employed Maintenance Technician for a dairy company (G). He contends he, and 4 other technicians, were transferred to the respondent’s employment on the 27^th November 2006. He contends that he was an employee from that date.

The respondent contends that 3 technicians transferred to his company and were employees from 2006. The appellant did work for his company but as a self-employed contractor. The appellant invoiced his company for works carried out. In May 2009 he created a position for the appellant as an employee of the respondent company. He states the applicable dates for the purpose of calculating the appellant’s redundancy payment is from the 1^st May 2009 to the 25^th July 2012.

Determination:

The Tribunal is satisfied that a redundancy situation existed and accordingly finds that the appellant is entitled to payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:

Date of Birth:                                                                          N/A                                        

Employment of Commencement:                                           01 May 2009

Employment of Termination:                                                  25 July 2012

Gross Weekly Wages:                                                             €830.25

This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)