EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Christopher Delaney – Appellant RP771/2013
against
Coolmount Creations Limited T/a Emerald Stained Glass – Respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire BL
Members: Mr P. Pierson
Mr F. Keoghan
heard this appeal at Tullamore on 3rd December 2014
Representation:
Appellant: In person
Respondent: In person
The decision of the Tribunal was as follows:-
Determination
It was common case that the appellant’s employment terminated as a result of redundancy. At issue were the appellant’s start date and his salary when his employment ended. The appellant said that he had started in March 1997. In response the respondent said that he had left to work for an unconnected business for two years.
The appellant had a hip replacement in 2010 and returned to work on reduced hours on medical advice. He had hoped to return to full time work.
Having heard the evidence the Tribunal accepts that a redundancy situation resulted in the termination of the appellant’s employment. The Tribunal determines that there was a break in the appellant’s service and that he intended to work full time when medically fit. The appellant is awarded a redundancy lump sum under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date Employment Started: 15 January 2001
Date Employment Ended: 27 May 2013
Gross Weekly Pay: €550.00
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)