EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
RP727/12
EMPLOYEE - appellant
Against
EMPLOYER
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms F. Crawford B.L.
Members: Mr. L. Tobin
Mr J. Flannery
heard this appeal at Dublin on 14th August 2013.
Representation:
Appellant: In person
Respondent: Ms. Amanda Manley, IBEC, Confederation House, 84/86 Lower
Baggot Street, Dublin 2
The decision of the Tribunal was as follows:-
Summary of evidence:
The respondent is an employment agency. Clients approach the agency for employees to cover temporary assignments. Assignments are usually short term. Workers are placed on suitable temporary assignments as they arise. The appellant commenced employment in company IR in July 2008. Her assignment was due to finish on 30 April 2012. The appellant became aware in March 2012 that her assignment was coming to an end and requested the agency to commence searching for an alternative assignment for her. The assignment did not come to an end until the end of April 2012.
In the meantime the agency looked for other available positions. At that time there were no suitable vacancies but the agency was confident that they would find another assignment for the appellant and had hoped the appellant would be in a new position from 1 May 2012.
On 16th April 2012 the appellant informed the respondent that she was terminating her assignment as she had found alternative employment. She accepted that she was not made redundant and that she resigned from her position. She secured alternative full time employment.
It was the respondent’s case that they did not terminate the appellant’s employment and that she left of her own volition.
Determination:
Having heard evidence from both parties the Tribunal is satisfied that the appellant left her employment of her volition on 16 April 2012 as she had secured an alternative full time position. Indeed, this was accepted by the appellant in her evidence that she left her employment.
The Tribunal finds that there was not a redundancy situation. Accordingly, the appellant’s appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)