EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP517/2014
APPEAL(S) OF:
Michael Sheehan - appellant
Against
Asgard Interiors Limited - respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Ms A. Gaule
Mr P. Trehy
heard this appeal at Dublin on 26 August 2015
Representation:
Appellant(s) :
Ms. Theresa Ham, Kingsford, Solicitors, 105 Kingsford Cross, Strand Road, Portmarnock, Co Dublin
Respondent(s) : no appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent. The Tribunal heard the appellant’s uncontested evidence.
The appellant commenced employment with the respondent company in October 2002. In January 2011 all employees including the appellant were placed on temporary lay-off. The appellant was on temporary lay-off initially for a period of six weeks which was extended to thirteen weeks. He returned to work with the respondent on the 12 April 2011 until the 22 April 2011. The appellant returned to work with the respondent company from the 1 August 2011 to February 2014 when he was again put on temporary lay-off. The appellant was made redundant on the 3 March 2014. He did not receive his statutory redundancy as the employer had made an error on the RP50 form.
The Tribunal is satisfied that the appellant’s employment ended by way of redundancy in March 2014 and finds that the appellant is entitled to a redundancy payment calculated on the following criteria:
Date of Commencement: 1 October 2002
Date of Termination: 3 March 2014
Gross Weekly Pay: €625.00
Period of non-reckonable service 26 April 2011 to 1 August 2011
Amount of Redundancy Payment: €13,980.00
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 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)