EMPLOYMENT APPEALS TRIBUNAL
Cubby O'Connor Limited
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: Mr. P. O'Leary BL
Members: Mr. E. Handley
Ms. M. Maher
heard this appeal in Dublin on 4 March 2016 and 25 November 2016
Mr. Stephen O'Sullivan BL, Law Library, Four Courts, Dublin 7
Mr. Robert O'Mahony, Hamilton Turner, 66 Dame Street, Dublin 2
The decision of the Tribunal was as follows:-
The appellant claimed that her employment, which commenced on 28 August 1989, ended by reason of redundancy on 24 December 2014. Her gross weekly pay was €750.00.
No evidence was offered by or on behalf of the respondent at the close of the hearing on 25 November 2016.
The appellant’s representative made uncontested submissions in support of the appellant.
The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, was withdrawn.
The Tribunal gave consideration to the issue in this case which concerned the question of continuous employment. The Claimant joined the respondent on the 28th. day of August in 1989 and her contract called for a five day week. In 2001 her week was shortened and she worked under the title of contractor. She was required to bill her services to the respondent on a day rate. At all times she was under the control of the respondent. She had to perform her function personally and she was not free to work for anyone else on the days she was required to work for the respondent. She also had to work the hours scheduled by the respondent. This arrangement ceased in 2007 and she resumed full time employment with the respondent from that date until her hours were reduced to half on the 7th. day of September 2013 until she was made redundant . In light of the aforesaid conditions the Tribunal have come to the conclusion that in fact her contract was a contract of service. In the circumstances her service with the respondent runs from her commencement date in 1989.
The claimant`s hours of work and pay were reduced to half unilaterally by the respondent in September of 2013. This was caused by the economic situation of the company at the time. The contract of employment of the claimant however was not changed and she had a reasonable expectation of being restored to the conditions of that contract when the economic conditions improved. This did not happen and the claimant was made redundant. Her contract however were her normal weekly working hours and she is entitled to have her redundancy payment based on the remuneration in respect of those hours.
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: 28 August 1989
Date of termination: 24 December 2014
Gross weekly pay: €750.00
It should be noted that payments from the Social Insurance Fund are limited to a maximum of €600.00 per week.
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal notes that the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, was withdrawn.
Sealed with the Seal of the
Employment Appeals Tribunal