RP945/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                        CASE NO.

Simon Reid                 -appellant

                                                                                                                 RP945/2014

against

Valeant Pharmaceuticals Ireland T/A Bausch & Lomb          -respondent

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr N. Russell

Members:     Mr J. Hennessy

                    Mr F. Dorgan

heard this appeal at Waterford on 27th April 2016

Representation:

Appellant:       Mr. Paddy Kavanagh, Technical, Engineering & Electrical Union,

83 Yellow Road, Waterford

Respondent:    Mr. John Farrell, IBEC, Waterford Business Park, Cork Road, Waterford

Background:

The appellant completed an apprenticeship with the respondent company. There was a dispute between the parties as to the date of completion. The company stated the apprenticeship concluded on the 27^th September 2013 while the appellant stated the relevant date was the 1^st October 2013.

The company issued the appellant with fixed-term contracts during the tenure of his apprenticeship. However, it was confirmed to the Tribunal that dual status did not arise. A final fixed-term contract was issued to the appellant on the 27^th September 2013 for the period 30^th September 2013 to 20^th December 2013. The appellant signed the final fixed-term contract on the 27^th September 2013.

It was the respondent’s case that the period of employment following the completion of the apprenticeship should be considered separately from the apprenticeship.

It was the appellant’s case that as per Revenue records his service was unbroken from 9^th January 2008 to the 20^th December 2013 and that therefore he was entitled to a redundancy payment.

Determination:

Uncontested documentary evidence was provided to the Tribunal that the Appellant’s Apprenticeship concluded on the 1^st October 2013. Accordingly, the Appellant was under a Statutory Contract of Apprenticeship on that date and did not have legal capacity to enter into a Contract of Employment with the Respondent prior to the expiration of his Statutory Apprenticeship.

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:        9 January 2008

Date of Termination:               20 December 2013

Gross Weekly Pay:                  €689.00

*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.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)