EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Jack Gaylard, RP436/2013
Noonan Services Group Limited T/A Noonan,
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr T. O'Sullivan
Mr O. Nulty
heard this appeal at Mullingar on 30th January 2014
Appellant: Mr Niall Phillips, SIPTU, Liberty Hall, Eden Quay, Dublin 1
Respondent: Mr John Barry, Management Support Services, The Courtyard,
Hill Street, Dublin 1
The decision of the Tribunal was as follows:-
The fact that a redundancy situation existed in the respondents operations is not in dispute in this case. The only issue is the gross weekly wage used to calculate the redundancy lump sum.
The claimant was made redundant in February 2013. The respondent calculated the claimant’s weekly pay as the rate he was on at the time of the redundancy.
HR for the respondent used his 63 hour fortnight to calculate the redundancy payment. It is clear that the claimant was not on short time as per Section 11 of the Redundancy Payments Acts 1967 to 2007 so the question arises as to his normal weekly remuneration.
The Tribunal considered all of the evidence presented. In particular, the Tribunal considered the payslips of the employee for the period of the 27 weeks ending 13 weeks before he finished his employment.
As per schedule 3 of the 1967 Act as amended, his regular premium payments are to be considered part of his normal weekly remuneration. On this basis, the Tribunal concluded that the amount of lump sum paid satisfied the statutory requirements. The Tribunal does not have any jurisdiction in relation to payments paid in excess of the statutory requirements.
Sealed with the Seal of the
Employment Appeals Tribunal