EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Paul O'Neill -appellant RP413/2014
MN397/2014
against
Intacta Print Limited T/A Intacta Print (Liquidation/Receivership) -respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Browne
Ms S. Kelly
heard this appeal at Waterford on 3rd September 2015
Representation:
Appellant: In person
Respondent: Butler & Co., Insolvency Practitioners, Carrick House,
49 Fitzwilliam Square, Dublin 2
Determination:
One of the two named receivers was not issued with a notice of hearing and was the relevant receiver for the purposes of these claims. During the hearing the relevant receiver’s office was contacted by telephone and the claim for a redundancy payment was conceded on the basis of the dates submitted by the appellant. The appellant informed the Tribunal that he was absent due to a non-work related illness since 2008 and continued to be on sick leave at the time the company entered receivership. The Tribunal finds that the appellant is entitled to a redundancy payment based on the following criteria:
Date of Birth:
Date of Commencement: 2 August 1984
Non-reckonable service due to non-work related illness: 18 February 2011 to 17 February 2014
Date of Termination: 17 February 2014
Gross Weekly Pay: €650.00
*Please note that a statutory ceiling limited of €600.00 applies to all payments from the Social Insurance Fund.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period
The Second Schedule of the Minimum Notice and Terms of Employment Acts, 1973 to 2005, states:
2.(a) (i) An employee shall be paid by his employer in respect of any time during his normal working hours when he is ready and willing to work but no work is provided for him by his employer.
It was the evidence of the appellant that he continued to be on sick leave at the time the company entered receivership and for this reason the Tribunal must dismiss the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)