EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Charles O'Keeffe RP867/2012
against
John Courtney t/a Glebe Kitchens
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms K. T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr J. Flavin
heard this appeal at Killarney on 1st May 2014
Representation:
Appellant : In person
Respondent : Padraig J O'Connell, Solicitors, Glebe Lane, Killarney, Co Kerry
The decision of the Tribunal was as follows:
The appellant worked five days a week for the respondent. In January 2010 this was reduced to three days’ work per week. From January 2012 there was a further reduction in the number of days he worked. He was filling in the social welfare forms indicating the days he worked and did not work. In or around early 2012 the appellant realised that he would not be returned to full employment by the respondent. He submitted Form RP9 to the respondent on 27 February 2012 claiming a redundancy payment. On 3 May 2012 the appellant wrote to the respondent informing him that due to his failure to complete Form RP9 he was terminating his employment.
The respondent’s position was that there was not a redundancy situation in his business, that he did not dismiss the appellant and that he would give him work when it was available.
Determination
As the respondent failed to serve a counter notice on the appellant, offering him at least thirteen weeks unbroken employment (of three days each week) within seven days of receipt of Form RP9 from the appellant, the Tribunal finds that the appellant is entitled to a redundancy payment in accordance with sections 12 & 13 Redundancy Payments Acts, Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 is allowed and the appellant is awarded a statutory lump sum under those Acts based on the following:
Date of Birth: n/a
Date of Commencement: 08 October 2005
Date of Termination: 04 May 2012
Gross Weekly Wage: €298.44 (based on a 3 day week)
This award is made subject to the appellant having been in insurable employment and covered by the appropriate social welfare legislation during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)