EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE, RP291/2013
against
EMPLOYER
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. P. McGrath BL
Members: Mr. A. O'Mara
Mr. G. Whyte
heard this case in Dublin on 22 August 2013
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No legal representation
The decision of the Tribunal was as follows:-
The appellant claimed that his employment as a builder, which commenced on 1 January 2006, ended by reason of redundancy on 1 June 2012. His gross weekly pay was €624.00.
The respondent’s position was that the appellant had signed all of the warnings he had received. It was disappointing for co-employees and customers alike when rostered work had to be replanned after the appellant failed to arrive. When it was not possible to rely on the appellant any more the respondent (tired of making allowances for him) reluctantly ended the appellant’s employment after several years.
Determination:
Having carefully considered of the issues in this case, the Tribunal finds that the appeal under the Redundancy Payments Acts, 1967 to 2007, fails because, having heard interpreter-assisted testimony from the appellant and the testimony of the respondent’s principal, the Tribunal was not satisfied that a redundancy situation had existed with respect to the appellant who, rather, was dismissed for reasons relating to the reliability of his timekeeping and performance. It appeared that the respondent had work for the appellant if the respondent had been satisfied that it could count on the appellant to carry out his duties in a manner that did not impact negatively on his colleagues.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)