EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE RP1258/2012
against
EMPLOYER
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr C. Lucey
Ms M. Mulcahy
heard this appeal at Dublin on 29th August 2013
Representation:
Appellant : In person
Respondent :
The decision of the Tribunal was as follows:
Appellant’s Case
The appellant commenced fulltime employment as a business support manager with the respondent in February 2010. The respondent which operated a multinational drinks industry underwent a regular review of its operations and structure in November 2011. That review resulted, inter alia, that the organisational structure for the financial sector within the whole of Ireland was to be altered in such a way that several positions were to be discontinued and others to be significantly altered. These changes had a direct impact on the appellant’s position and in that context he had discussions with his employer about his future role within the organisation. What emerged was a signed statement from the appellant stating he did not wish to be considered for a permanent role in the future finance structure and that the position he opted to take might lead to a redundancy situation.
Around that time three of the former positions within the finance section were to be discontinued and what remained was one full time post and a fulltime temporary as a decision support manager. That role was expected to cease in March 2013. Based on that understanding and with little or no prospect of prolonging that temporary role or securing an alternative one the appellant sought and secured employment elsewhere. Apart from his uncertain position within the company the appellant felt obliged to act this way for domestic reasons.
At the expiry of his notice period the appellant parted with the respondent in November 2012. When a redundancy payment was sought for the appellant the respondent declined to process it.
Respondent’s Case
In a letter dated 8 October 2012 to the appellant’s trade union representative a human resource person rejected the appellant’s application for redundancy. She wrote that there was still a business need for the appellant’s position until March 2013. That being the case the position held by the appellant is not redundant and therefore the person vacating that position prior to that date cannot therefore be eligible for a redundancy payment. It was the respondent’s position that the appellant resigned his position. This person told the Tribunal that the role held by the appellant did not actually cease in March 2013 and was currently still operational and held by another person.
Determination
The Tribunal notes that the respondent held the appellant in high regard and he performed his tasks in a proper and professional manner. His loyalty and commitment to the respondent was strong and genuine. However, that respect and praise was not reflected in any additional monetary terms when the appellant ceased his employment with it in November 2012.
The Tribunal must adhere to its remit and apply the law in deciding cases. Notwithstanding the understandable circumstances the appellant was in from November 2011 onwards he resigned his position and commenced employment elsewhere a year later. The position he held continued after his departure. This scenario does not amount to a redundancy situation under the legislation and the appellant cannot avail of it to secure a statutory redundancy payment from the respondent in this case. Consequently, the appeal under the Redundancy Payments Acts, 1967 to 2007 cannot succeed
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)