O'Connor v Marina Joinery Ltd [EAT]

• Jurisdiction: Ireland
• Judgment Date: 18 May 2012
• Judgment citation (vLex): [2012] 5 JIEC 1808
• Date: 18 May 2012
• Docket Number: RP1341/2011
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. RP1341/2011

APPEAL OF:

Harry O'Connor, 107 Silverheights Avenue, Mayfield, Cork

and

Marina Joinery Limited, 2 Victoria Road, Cork

Representation:

Appellant: Mr Dick Hurley, UCATT, 56 Parnell Square West, Dublin 1

Respondent: P.J. O' Driscoll & Sons, Solicitors, 41 South Main Street, Bandon, Co. Cork.

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Mr. L. �" Catháin

Members: Mr. P. Casey

Mr. J. Flavin

heard this appeal at Cork on 18th May 2012

Appellant's case

1 The appellant brought the appeal to the Tribunal because he was paid a redundancy lump sum based on a reduced working week, which he had been working prior to the redundancy. However, it was the contention of the appellant that the calculation for redundancy ought to have been based on his normal wage prior to going on short time working or reduced hours.

2 The appellant commenced employment with the respondent on 20 ^th September 2000 and was made redundant on 29 ^th March 2011. He had been on a short-time working week since 15 ^th February 2010 and was placed on temporary lay-off...