EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD378/2015
RP3/2016
CLAIM(S) OF:
David Pratt
- Claimant
against
Norman Pratt Sales Ltd
- Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2015
REDUNDANCY PAYMENTS ACTS 1967 TO 2014
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr. L. Tobin
Mr M. O'Reilly
heard this claim at Dublin on 21st December 2016 and 2nd February 2017
Representation:
Claimant: Mr William O'Reilly, Steen O' Reilly, Solicitors, 31/34 Trimgate Street, Navan, Co Meath
Respondent: Mr. Conor O'Connell, Construction Industry Federation, Construction House, 4 Eastgate Avenue, Little Island, Cork
The determination of the Tribunal was as follows:-
Background:
On the first day of the hearing, the 21st of December 2016 the claimant withdrew his claim under the Unfair Dismissals Acts, 1977 to 2007. It was agreed the only claim before the Tribunal was under the Redundancy Payments Acts, 1967 to 2007 and the relevant period regarding this claim is from the 6th of January 2012 to the 26th of January 2015.
A Director of the respondent (IP) and the appellant adduced sworn evidence in this matter. The appellant had been a Director of the respondent’s family company at the time in question. IP, nephew to the appellant, had invested in the family business in 2008.
In 2015 the company Accountant brought to IP’s attention certain company documentation which had been filed to a government body. Following this a decision was made to cease the appellant’s bank mandate, remove the appellant as Director of the company and cancel the respondent’s vehicle insurance and public liability insurance. The appellant withheld the company books and records.
The appellant was unable to continue work, pay himself or the staff. Creditor would also not be paid as he could not sign any company cheques.
A few weeks later the appellant set up his own business hiring the staff from the respondent company and using the vehicles and equipment from the respondent business that he had purchased himself.
Determination:
The Tribunal have carefully considered the sworn evidence and documentation adduced in this matter.
The Tribunal is satisfied that the appellant’s employment with the respondent was terminated by reason of redundancy when the business was closed. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 is allowed and the appellant is awarded a statutory redundancy payment under those Acts, based on the following:
Date of Commencement: 6 January 2012
Date of Termination: 26 February 2015
Gross Weekly Wage: €329.00
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)