EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE RP863/2012
- Appellant
Against
EMPLOYER Respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Horan
Mr N. Dowling
heard this appeal at Wexford on 26th August 2013
Representation:
Appellant:
Respondent:
Background:
The appellant was employed by the respondent from June 1990 as a fisherman and for general maintenance. He had a scheduled leg operation in May 2008. He was deemed unfit medically by his physicians until January 2011. He requested to return to return to work but, on advice from the respondents’ insurance company, he was requested to attend a company doctor. Although deemed fit for work, the respondents’ insurance company would not cover him under the respondents insurance policy. The respondents sought various insurance cover for the appellant but to no avail.
Determination:
The respondent did not treat the contract of employment as frustrated due to its stated difficulty in securing insurance cover for the appellant and confirmed at the Tribunal that the appellant is still an employee of the respondent and is simply not rostered in the absence of insurance. Efforts to secure insurance cover are continuing.
The Tribunal finds that the appellant’s position in the company is not redundant but his duties are being carried out by a temporary employee taken on in his absence to deal with his work.
The appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)