EMPLOYMENT APPEALS TRIBUNAL
Irish Security Stamp Printing Limited
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Mcgrath B.L.
Members: Mr J. Horan
Mr F. Keoghan
heard this appeal at Dublin on 29th April 2016
Appellant(s) : Conor Byrne B.L.
Elaine Hickey/Tracey Solicitors, 34 Westmoreland Street, Dublin 2
Respondent(s) : Ms Aisling McDevitt, Ibec, 84/86 Lower Baggot Street, Dublin 2
The decision of the Tribunal was as follows:-
The Tribunal has carefully listened to the evidence adduced. The Tribunal has been grateful to receive submissions from the parties’ representatives on an issue which arose in the course of the hearing.
The appellant is looking for a statutory Redundancy payment under the Redundancy payment Acts. The fact of redundancy is not in dispute. There is , however, a dispute as to the quantum of redundancy that becomes payable and in particular whether it should be calculated on the basis of a 5 day working week or a three day working week.
The appellant has built up 30 years of service with the respondent printing company. The appellant had been working a five and a half day week when in 2011 his working week was dramatically reduced to a three day week. The fact of a downturn is not in dispute as the respondent’s biggest client required less and less printing done in a more computerised paperless age.
It is accepted by the Tribunal that the appellant was not happy with this change in circumstance which saw his salary dropping from €687.00 to €412.00 per week.
As things deteriorated in the workplace, the respondent was forced to make the appellant redundant which happened at the end of 2014, some three years after the appellant had been put on the three day working week.
The Tribunal is satisfied that despite the longevity of the change in the appellant’s working hours, the appellant was unhappy with the reduced salary and was anxious to have his employment restored to its previous level.
The Tribunal is satisfied that the appellant did not acquiesce in writing to the variation of his employment contract and whilst his protestation may not have been in unity, there is no express need for this to be the case (although it is preferable).
How the appellant’s position will be effected by his having been a recipient of Social Welfare for the two/three year period of the reduced hour weeks, is not known to the Tribunal.
The Tribunal makes the award under the Redundancy Payments Acts, 1967 to 2007, based on the following:
Date of commencement: 19th September 1984
Date of termination: 31st December 2014
Gross weekly pay: €687.00
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