EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP781/2013
APPEAL(S) OF:
Allan Cotton – appellant
Against
Declan Bannerton – respondent 1
Bannerton Motors Limited (In Liquidation) - respondent 2
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr T. Gill
Ms H. Henry
heard this appeal at Galway on 4 December 2014 and 30 September 2015
Representation:
Appellant(s) : In person
Respondent(s) :
Mr Jack Duncan, Jack Duncan & Co Solicitors, The Square, Ballinasloe, Co Galway
The decision of the Tribunal was as follows:-
Summary of Evidence
The appellant gave evidence of commencing employment with the second named respondent on the 12 March 2001 as a qualified motor mechanic. He was notified by the first named respondent in a letter dated the 18 April 2013 of lay off. The appellant was not offered any work from that date. The appellant was never informed of a change in the ownership and the business did not close down.
The second named respondent company went in to liquidation in July 2004 however the appellant had no knowledge of the appointment of a liquidator. The appellant never received payslips. The appellant worked week on week off since 2012.
The first named respondent (DB) gave evidence of employing the appellant. During 2012 the respondent described the business as poor and operated as a sole trader from that period. The working hours of the appellant were reduced due to the difficult trading conditions. DB submitted that the business had closed for a period when he was hospitalised but was unable to confirm the dates. The respondent submitted copies of a pay cheque payable to the appellant dated the 12 April 2013 in the amount of €325.00.
Determination
This case was before the Tribunal on the 4 December 2014 and 30 September 2015. At the first hearing there was a dispute about who the actual employer was and the Tribunal directed that the second named respondent be added to the claim.
At the hearing on the 30 September 2015 the Tribunal heard evidence from the parties. The first named respondent conceded that he employed the appellant and had operated as a sole trader since 2012. The Tribunal is satisfied that the appellant had worked continuously for the business and had no knowledge of any change of ownership.
In all the circumstances the Tribunal finds that the appellant’s employment ended by way of redundancy. Accordingly the Tribunal awards the appellant a redundancy lump sum payment against the first named respondent under the Redundancy Payments Acts, 1967 to 2007 based on the following details:
Date of Commencement: 12 March 2001
Date of Termination: 18 April 2013
Gross Weekly Pay: €325.00
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)