RP584/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                          CASE NO.

EMPLOYEE   – appellant                                                                                           RP584/2012

Against

EMPLOYEE   – 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 J.  Maher

heard this appeal at Dublin on 11th September 2013

Representation:

_______________

Appellant(s) :                In person

Respondent(s):

The decision of the Tribunal was as follows:-

Summary of Evidence:

Dismissal was in dispute in this case.  The appellant was employed fulltime as a plasterer from February 2004.  He completed his training with the respondent.  The respondent operated a limited company until September 2011 when he had the company dissolved due to lack of business.  He continued to operate as a sole trader afterwards and retained the appellant on a part-time basis.  The appellant was paid cash from this time on.  He worked approximately 2 days per week.  In 2012 there was no work for the first few weeks of January.  The appellant was compelled to claim a social welfare payment.  The appellant gave evidence that the respondent told him to claim a social welfare payment and continue to work.  The appellant also said he had to claim a social welfare payment.  He stated that he worked and claimed social welfare since the company was wound up.

The respondent gave evidence that he began working part-time as a contractor on a site in Drogheda in 2012.  This contract was due to expand to a fulltime basis in the near future.  In April 2012 the appellant informed him that he had found fulltime work in Swords.  The appellant began this job on 9^th May 2012.  The appellant gave evidence that he had no choice but to leave his job as he had responsibilities to meet.  He received his P45 sometime in April 2012 at the respondent’s house.  The respondent told him that there was work on Monday in Drogheda.  The appellant said it was not worth going there.

Determination:

Having heard the evidence of both parties the Tribunal is satisfied based on the appellant’s own evidence that he left his employment voluntarily and accordingly no dismissal occurred.  The appeal under the Redundancy Payments Acts 1967 to 2007 is dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)