EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP700/2014
APPEAL(S) OF:
Fergal Farrell
against
Minister For Social Protection
in respect of
Gerrard Sunrooms Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. R. Maguire BL
Members: Mr. L. Tobin
Mr. P. Trehy
heard this appeal in Dublin on 30 October 2015
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
Ms. Elizabeth Murphy for Mr Conor Dunne, Redundancy Payments Section, Department Of Social Protection, Block C, Floor 2, Earlsfort Centre, Lower Hatch Street, Dublin 2
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal against the decision of the Minister for Social Protection.
The appellant claimed that his employment, which commenced on 10 December 1987, ended by reason of redundancy after he was laid off on 10 December 2010. His gross weekly pay was €564.00. He subsequently hoped to return to his job. While laid off he cared for his elderly mother who had ultimately passed away.
However, it appeared that the appellant did not consider his employment formally ended until 27 March 2014 when he signed a redundancy Form RP50 subsequently signed by his employer.
The position of the Minister was that the company had become deregistered for tax and PRSI as far back as March 2011 and that the redundancy claim was out of time. In particular, reliance was placed on the fact that the appellant had signed the RP50 which gave an end date of 2010 for the employment, though this was subsequently altered by the company in correspondence. It was submitted that as it was stated on the RP50 that it should not be signed unless it is accurate, the appellant should be considered as finishing employment in 2010 and on that basis his claim for a redundancy payment was out of time, being more than 2 years after that date.
Determination:
The Tribunal finds that it would be harsh to refuse the appellant a redundancy lump sum in circumstances where, on the basis of uncontested evidence before the Tribunal on the day of the hearing, he was laid off but never formally dismissed while he was caring for his now-deceased mother and hoping to return to his employment. The Tribunal finds that the date of termination was the 27 March 2014 when the appellant signed the RP50.
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of commencement: 10 December 1987
Date of termination: 27 March 2014
Gross weekly pay: €564.00
The period from 11 December 2010 to 27 March 2014 is deemed to have been a period of non-reckonable service.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)