FULL RECOMMENDATION
REDUNDANCY PAYMENTS ACTS, 1967 TO 2014 PARTIES : ASKEATON PAVING LIMITED (REPRESENTED BY O' CONNOR O' DEA BINCHY SOLICITORS) - AND - JOHN MULLINS (REPRESENTED BY KELLY LAW SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision No: ADJ-00001500 CA-00002033-002.
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 25 July 2016. A Labour Court hearing took place on 2 May 2017. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Mr John Mullins against the Decision of an Adjudication Officer ADJ-00001500, CA-00002033-002 under the Redundancy Payments Acts, 1967 to 2014. The Adjudication Officer rejected the claim.
In this Determination the parties are referred to as they were at first instance. Hence Askeaton Paving Limited is referred to as the Respondent and Mr John Mullins is referred to as the Complainant.
A hearing of this appeal was held on the same day as a hearing of an appeal by the Complainant against the Respondent under the Unfair Dismissals Acts 1977 to 2015. In its Determination under the Unfair Dismissals Acts, the Court found that the Complainant had not been unfairly dismissed but had been dismissed in circumstances which amounted to redundancy. At the time of his redundancy, the Complainant was paid a weekly rate of €609.00 gross.
Accordingly, the Court sets aside the Adjudication Officer’s Decision and orders the Respondent to pay the Complainant a redundancy payment of €7,260.00 (say, seven thousand two hundred and sixty euros) for his service with the Respondent from 1stJuly 2010 to 15thJanuary 2016.
The Court so Determines.
Signed on behalf of the Labour Court
Brendan Hayes
6 June 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.