RP1210/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                               CASE NO.

Finbarr Stewart                                                                                               RP1210/2012

- appellant                  

against

Chevin Fleet Solutions

- respondent                           

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms K. T. O’Mahony BL

Members:     Ms M. Sweeney

Mr. D. McEvoy

heard this appeal at Cork on 20^th January 2014

Representation:

Appellant:      In person

Respondent:    On record and no appearance on day of hearing: Ashley Sowerby, Managing  

                         Director, Chevin Computer Systems Ltd., East Mill, Belper, Derbyshire DE56

                         2UA, Englan

The Tribunal is satisfied that due notification was sent to the respondent. Accordingly, the Tribunal heard the uncontested evidence of the appellant.

Background:

The case before the Tribunal is under the Redundancy Payments Acts, 1967 to 2007.   The appellant worked in England for an English registered company on a contract signed in the UK and was paid in UK pounds. However, he moved to Ireland in or around April 2007 and from around that time worked here and paid his tax and PRSI to the relevant Irish authorities.

Determination:

The appellant was paid a redundancy lump sum payment by the respondent based on his entitlements under the redundancy legislation applicable in England. His claim before this Tribunal is for the differential between that entitlement and his entitlement under the Irish legislation from the time he paid his contributions here. As entitlement under the Irish legislation is greater by one week’s pay per year of service plus a bonus week the appellant is entitled to a redundancy lump sum based on this differential under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:

Date of commencement:         April 2007      

Date of termination:                6 September 2012      

Gross weekly pay:                   €615.38

This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.

Please note that a statutory ceiling of €600.00 per week applies to payments from the Social Insurance Fund.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

           (CHAIRMAN)