SOME EMPLOYERS have been accused of attempting to “get around” paying severance to dismissed employees by claiming that they were not made redundant.
But in two recent rulings, both the Severance Payments Tribunal and the Court of Appeal warned that once certain conditions pertaining to the Severance Payments Act were met then the redundancy rules apply.
Those rules found under Cap. 355A state that an employer/employee relationship must exist, that there must be continuous employment by the employee for 104 weeks and that the employee’s dismissal is because of redundancy.
The recent conclusions by the two panels arose out of a case in which a former employee of Trimart Inc. appeared before the tribunal seeking severance from the supermarket when she was dismissed in 2013 after 11 years of employment. (MB)
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