RP1030/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                 CASE NO.

EMPLOYEE                         appellant                               RP1030/2012

Against

EMPLOYER                         respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms N.  O'Carroll-Kelly BL

Members:     Mr. D.  Winston

                     Mr G.  Whyte

heard this appeal at Dublin on 27th August 2013

Representation:

____________

Appellant(s):   Mr Damian Reilly, McKeever Rowan, Solicitors,

                        5 Harbourmaster Place, IFSC, Dublin 1

Respondent(s): The office manager of the respondent company

The decision of the Tribunal was as follows:-

Respondent’s Case

The office manager told the Tribunal that in May/June 2012 the respondent lost contracts.  The appellant was initially contracted to work a forty eight hour week.  The appellant worked a twelve hour shift one day a week undertaking security duties.  The respondent was informed that the appellant was working with a competitor.   The appellant was given a contract of employment which outlined that he should not have any involvement with a competitor until after the expiration of a period of two years from the termination of his employment.    On the 17^th June 2012 the appellant told the respondent that he wanted to end his contract and he furnished an RP9 on the 18^th June 2012.   On the 17^th June 2012 the appellant swapped a shift with a colleague.   The respondent had to be informed in advance as to who was working.  The respondent would not offer the appellant redundancy.    The appellant told the office manager that he was undertaking work for an ex director of the respondent.    The appellant was not replaced after he left the respondent.   

Appellant’s Case

The appellant told the Tribunal that he was on short time work in April 2012 as the respondent lost a number of its contracts.   He furnished an RP9 form to the respondent on the 18^th June 2012 and he intended to work his notice.   His financial situation was very bad and he needed to find other employment as he was only working twelve hours per week with the respondent.    He did not undertake security work for another employer.   He now works full time undertaking janitor duties and on the 3^rd July 2012 his current employer was issued with a security licence.

It was untrue that he did not want to work for the respondent anymore.   On the day he furnished his RP9 form he asked a colleague to swop his shift with him, he told his employer as well and he did not tell his employer he was finishing work with him on that day.

Determination

A genuine redundancy situation existed.  The appellant was on short time and he sent an RP9 form to his employer.   There was no work for him to work out his notice.   He is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 o 2007 based on the following criteria:-

Date of birth                                       29 July 1980

Date employment commenced           04 October 2006

Date employment ceased                    26 June 2012

Gross weekly pay                                €387.00 per week

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)