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 his employment, which commenced on 16 December 1996, ended by reason of redundancy on 22 January 2015. His gross weekly pay was €600.00.
A hearing notice was sent to the respondent for the 25 November 2016 hearing but no evidence was offered by or on behalf of the respondent at the hearing.
The appellant’s representative made uncontested submissions in support of the appellant.
The Tribunal gave consideration to the issue in this case. The claimant`s hours of work and pay were reduced to half unilaterally by the respondent in September of 2013 and the claimant objected at the time to this action. 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 he 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. His contract however was his normal weekly working hours and he is entitled to have his 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: 16 December 1996
Date of termination: 22 January 2015
Gross weekly pay: €600.00
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The Tribunal notes that the claim lodged under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, was withdrawn.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