EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
David Dinan (appellant)
Argos Distributors (Ireland) Limited T/A Argos
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr. B. Kealy
Mr P. Trehy
heard this appeal at Dublin on 12th March 2014 and 24th July 2014
Appellant(s) : Ms Sinead Farrelly, Early & Baldwin Solicitors, 27/28 Marino Mart, Fairview, Dublin 3
Respondent(s) : Mr. Eamonn McCoy, IBEC, Confederation House, 84/86 Lower
Baggot Street, Dublin 2
The decision of the Tribunal was as follows:
At the outset of the hearing the respondent’s representative submitted that the claim was out of time. The Tribunal determined that as the respondent was put on notice on 11th January, 2013 by the claimant of his intention to lodge his appeal, then the Tribunal has jurisdiction to hear the appeal.
Summary of Case
The background to this case is that the appellant submitted he was made redundant when the store in Blanchardstown where he was located was closed down, while the respondent submitted the employment was terminated due to ill health.
In March 2011 employees at the store were informed that it was closing. The appellant commenced stress related sick leave in mid May 2011. The store at which the appellant was based closed down on the 22 January 2012 which the respondent disputes and submits that the store closed on the 20 January 2012.
The respondent arranged two grievance meetings with the appellant the first on the 1 June and the second on the 26 June 2011. The appellant failed to engage with the respondent during that time. The respondent submits therefore that the appellant’s employment was terminated as a result of ill health.
The appellant worked in the role of store manager. On the 16 January 2012 at a meeting the appellant was offered a position at the Portlaoise store which the respondent believed was a suitable alternative however the appellant at the time made it clear that he was residing temporarily with family in the Portlaoise area therefore the position was not a suitable alternative. The appellant never received a written offer of suitable alternative employment. The respondent was aware the appellant resided in Dublin during his employment with the company.
The Tribunal considered the evidence and submissions put forward by both parties at the hearings. In circumstances where the store where the appellant worked as a manager closed down the Tribunal find that a redundancy situation existed. There is therefore a prima facie entitlement to a redundancy payment.
The Tribunal is also of the view that the appellant is not disentitled under Section 15 of the Act of 1967 as we find that the offer of alternative was not “suitable” under that section, and the appellant did not “unreasonably refuse” the offer.
The Tribunal awards the appellant a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following information:
Date of Birth:
Date of Commencement: 01 September 1998
Date of Termination: 22 January 2012
Non-reckonable Service: nil
Weekly Gross Pay: €997.00
Amount of Redundancy Payment: €16680.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal