EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
John Whyte RP2403/2011
Galard Teoranta T/A Gallaghers Bakery
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Smith
Members: Mr. D. Morrison
Ms. A. Moore
heard this appeal at Letterkenny on 19th July 2013
Appellant(s) : Mr. Francis Gillespie, Dunlevy & Barry, Solicitors, Quay Street, Donegal Town,
Respondent(s) : Mr Tiernan Doherty, IBEC, Floor 3, Pier 1, Quay Street, Donegal Town,
The decision of the Tribunal was as follows:-
The appellant commenced employment with the respondent in 1982 as a fitter and electrician. In 1992 the claimant was diagnosed with severe arthritis and vertigo. He spoke to the owner (FG) who informed him that his job would remain open while he was absent on sick leave. He was absent on sick leave until he was prescribed new medication in 1996.
In October 1996 the appellant wished to return to work. He wrote to the respondent company to return to work. He returned to work and there were no issues. In 2008 a Manager (DG) came to the claimant with a contract of employment. The appellant did not sign it. The respondent company was bought out in 2011 and the appellant was made redundant. He refused the statutory redundancy offered to him. He later accepted the cheque that was sent to him but did not sign any forms.
The appellant’s position is that he had continuous service from 1982 to 2011 and therefore should be paid the statutory redundancy payment in full, he was not paid from 1992 to 1996. He stated that there had been no break in his service from 1992 to 1996.
A witness for the respondent stated that the owner (FG) had since passed away and therefore no evidence could be given in respect of the alleged conversation with the appellant regarding his position being kept open while he was on sick leave.
Tax records were produced to the Tribunal to show that tax had not been paid by the appellant from 1992 to 1996.
The Tribunal have carefully considered the evidence and submissions adduced in this matter. The Tribunal finds a redundancy situation occurred and therefore the appellant is entitled to a redundancy payment based on the following criteria:
Date of Birth:
Date of Commencement: 15 June 1982
Date of Termination: 19 May 2011
Gross Pay: €931.93
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