RP624/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                              CASE NO.

EMPLOYEE              -appellant

                                                                                                                           RP624/2012

against

EMPLOYER             -respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr C.  Corcoran B.L.

Members:     Mr J.  Horan

                     Mr N.  Dowling

heard this appeal at Dublin on 25th June 2013

Representation:

Appellant:       In person

Respondent:    A director of the former company.

Background:

The appellant was employed as a driver from October 2008.  It was agreed between the parties that for the first two years the appellant worked 8am to 5pm daily.  The dispute between the parties was in relation to the nature of the appellant’s employment after this time.  The former director informed the Tribunal that the appellant was employed on a casual but irregular basis as the company was unable to guarantee work.  He stated that the appellant’s employment was on an ad hoc basis after the first two years had passed, as there was a decrease in the level of work.  It was the appellant’s evidence that he worked between 20-40 hours per week on a constant basis during this time.

The director stated that there were performance issues with the appellant.  For such issues he stated that the appellant had received a verbal warning in December 2010, on 14 January 2011 and numerous warnings on 25 January 2011. 

Furthermore, he stated that the appellant was offered work at an alternative location in Dublin in 2012 but the appellant refused this offer.  The appellant was originally based in Drimnagh and was asked to attend at Coolock as an alternative.  This was refuted by the appellant in evidence.  He stated that throughout his employment he was mainly based from the depot in Ballymount but he had travelled to numerous depots without complaint as part of his work.  The appellant stated that he was informed by the director of the company in March 2012 that the company was going to be dissolved due to a lack of work.  The appellant submitted the relevant forms to claim a redundancy payment but heard nothing further. 

Determination:

The Tribunal is satisfied from the evidence adduced that the respondent company suffered a reduction in work and that as a result a redundancy situation arose in relation to the appellant’s employment.  The Tribunal does not accept that the appellant was a “casual” employee but finds that he was an employee placed on reduced working hours in line with the decreased levels in work.  Accordingly, the Tribunal finds that the appellant is entitled to a payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:

Date of Commencement:        10 October 2008

Date of Termination:               21 March 2012

Gross Weekly Pay:                  €444.90

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

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)