EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Paul Barker - appellant
RP895/2014
against
LSL Photolabs - respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr M. Noone
Mr A. Butler
heard this appeal at Dublin on 22nd December 2015
Representation:
_______________
Appellant(s) : In Person
Respondent(s) : Ms Vanessa Costello, ESA Consultants, The Novum Building,
Clonshaugh Industrial Estate, Dublin 17
Summary of Case
The appellant worked on a full time basis from the commencement of his employment until September 2008 when he was placed on short time. He remained on short time until April 2011 when his hours were further reduced to 18 hours per week. He was subsequently placed on temporary lay off and was eventually made redundant in July 2014.
It was accepted by the respondent company that the appellant did not accept his reduced hours as his normal terms and conditions of employment on both occasions that his hours were reduced, and on the occasion when he was placed on temporary lay off. Documentary evidence confirming this non-acceptance by the appellant was opened to the Tribunal.
The Tribunal heard further evidence that the appellant was paid his redundancy entitlement on the basis of reduced hours. The Managing Director of the respondent company confirmed that the company had suffered a gradual decline in business from 2008 onwards and the company could not afford to pay redundancy based on a full-time working week. The appellant had not worked on a full-time basis in the last 5 to 6 years of his employment.
Determination
The Tribunal carefully considered the oral and documentary evidence provided to the Tribunal. The Tribunal is satisfied that the appellant never accepted his reduced hours as being his normal terms and conditions of employment, and expected that he would be returned to work on a full-time basis as soon as business picked up. This was confirmed to the Tribunal by way of three letters from the appellant to his employer in September 2009, April 2011, and July 2014. In those circumstances the Tribunal finds that 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 of employment: 12 March 2002
Date of termination of employment: 11 July 2014
Gross weekly pay: €520.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts During the relevant period.
The Tribunal notes that the claimant has already received a redundancy payment in the amount of €7112.77 from the respondent company.
It should be noted that a statutory weekly ceiling of €600 applies to payments from the Social Insurance Fund
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)