EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Juraj Koller -appellant RP951/2013
Patrick Cahill (Graighnamanagh) Limited -respondent
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Browne
Ms S. Kelly
heard this appeal at Kilkenny on 13th February 2015
Appellant: In person
Respondent: A director of the company
Background and summary of evidence:
An independent translator was provided by the Tribunal for the hearing.
The appellant was placed on lay-off on 14 November 2012 having worked reduced hours for a period of time prior to that date. The appellant remained on lay-off due to a lack of work. In April 2013 the appellant sought a P45 from the company with an accompanying letter from the Department of Social Protection stating that a P45 was required in order for the appellant to continue to claim social welfare payments.
A number of months later the appellant submitted paperwork to the company seeking a redundancy payment. The director of the company believed that the appellant was not entitled to a redundancy payment by virtue of the fact that he had terminated the employment of his own accord in April 2013 by seeking a P45. The director admitted that until recently the company did not have work to offer the appellant.
The Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Commencement: 13 March 2006
Period of lay-off: 15 November 2012 to 15 April 2013
Date of Termination: 15 April 2013
Gross Weekly Pay: €307.13
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal finds that the appellant triggered the end of the lay-off period by submitting the relevant paperwork to claim a redundancy lump sum payment. Therefore the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, must fail.
Sealed with the Seal of the
Employment Appeals Tribunal