EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Dermot Gillard RP277/2013
Patrick Jordan T/A Jordan Bros - Respondent
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell BL
Members: Mr. D. Morrison
Mr. M. McGarry
heard this claim at Castlebar on 28th August 2014
Appellant(s) : In Person
Respondent(s) : In Person
The determination of the Tribunal was as follows:-
The Tribunal have carefully considered the evidence and submissions adduced by both parties 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: 28 April 2008
Date of Termination: 2 January 2013
Gross Pay: €700.00
It should be noted that there were breaks in the appellant’s service during his period of employment. The Tribunal attempted to ascertain definite time periods of lay-off but neither party could supply this definite information. Therefore the following information given under oath should be taken account when calculating the redundancy payment:
The appellant commenced employment on the 28th April 2008 and was paid a total of 34 weeks in 2008
In 2009 the appellant worked from Week 1 to week 41 and from week 46 to week 52 inclusive.
Laid off from week 42 to week 45 inclusive and was paid for a total of 48 weeks.
In 2010 the appellant worked from week 2 to week 3 – full time and worked week 4 to week five – part time
His employment ceased and P45 issued on the 19th March 2010 but he was reemployed and worked from week 17 to week 43,including 5 weeks on short time.
He was paid a total of 21 weeks in 2010
In 2011 the appellant was paid a total of 45 weeks, including 7 weeks on short time.
In 2012 the appellant commenced employment on 2nd January 2012. He was off work for weeks 13, 35 and 38 and was laid off on the 27th September 2012.
He was paid a total of 36 weeks, including some on short time.
In 2013 the appellant was furnished with a P45 on the 11th January 2013.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period and 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