RP866/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                     CASE NO.

Ciprian Pricope                      (appellant)                                                                  RP866/2013

Against

Jerry Beades Concrete Limited

(respondent)

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Mr. T. Ryan

Members:      Mr. B. Kealy

                       Mr. J. Flannery                      

heard this appeal at Dublin on 13^th August, 2014 and 12^th December, 2014

Representation:

_______________

Appellant(s) :Cristina Stamatescu Solicitors, Harcourt Centre, Block 4, Harcourt Road,                         Dublin 2      

Respondent(s) : In person      

The decision of the Tribunal was as follows:

Summary of evidence

Respondent’s case

Giving evidence, JB for the respondent told the Tribunal that the appellant commenced employment on 19^th January, 2007 and continued working until 7^th August, 2011. The respondent company is no longer trading. According to the respondent, the appellant was no longer working with the company when it closed and was not entitled to a redundancy payment. The appellant had left employment with the respondent on a number of occasions. The appellant had refused work from the respondent shortly prior to the company closing down and terminated his own employment. All staff who were due entitlements were paid. JB informed the Tribunal that the letter dated 13^th October 2008, stating that the appellant worked for the respondent since 2001, was not signed by him and he disputed that the letter was issued by the respondent. Although the appellant worked for company M prior to 2007, this company was a separate legal entity to the respondent. JB indicated that the appellant did not ever put forward a redundancy request. The appellant was not owed money from the final job with the respondent.

Appellant’s case

Giving evidence, the appellant told the Tribunal that he worked for the respondent from 2001 until 30^th September, 2011. He was employed by Company M but from 2007 was paid by the respondent company with no change to his employment. He was informed by a work colleague that staff were being paid by a different company. JB was a director of company M and as far as the appellant was concerned his work was continuous with the respondent with no break in service except for his holiday entitlements. The appellant stated that he did not refuse work from the respondent but as he was owed money on the final job, he refused to complete the job.   The appellant requested the letter dated 13^th October, 2008 from the respondent as he required it for a rental agency.

Determination

Having carefully considered the conflicting evidence of the appellant and the respondent, the Tribunal determines that a genuine redundancy existed and that the date of commencement was 15^th July, 2001. Accordingly, the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

Date of commencement:                                15^th July 2001

Date of termination:                                       30^th September, 2011

Gross weekly pay:                                          €496.35

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)