EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE- appellant RP842/2012
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 F. Barry
heard this appeal at Portlaoise on 7th June 2013.
Representation
Appellant:
Respondent: In person
The decision of the Tribunal was as follows:-
Appellant’s Case
The appellant gave evidence. He commenced working for the respondent as a machine operator in August 2003. He had a mechanical background and could operate and maintain machines. When he started he did not get a contract of employment or any statement of terms and conditions. From time to time he was sent to the UK to work for a week at a time.
Then in July 2011 he was asked to go to the UK and work there for a year. There had been a sharp decline in business. The manager told him that if work became available he could come back and take up the position.
The appellant did not ask to be sent to the UK and he does not have any family there.
In May 2012 he was dismissed from his position in the UK and he returned home.
A former colleague of the appellant gave evidence. He was told in November 2011 that the respondent had no more work for him. He was offered a position as an independent contractor by the manager in the UK.
Respondent’s Case
The former accounts manager gave evidence. He knew of two reasons for the appellant to leave his position and go to the UK. The appellant’s sons were going to live there and the appellant did not get on with his supervisor. The former accounts manager said that contracts of employment were given to employees despite the respondent not having a HR manager.
The appellant’s colleague was let go because a significant contract came to an end. The business declined over a period and the former accounts manager was himself made redundant in May 2012.
The appellant’s former supervisor gave evidence. The appellant told him that he wanted to go to the UK to be with his children. The former supervisor knew that the appellant was soon returned to Ireland.
Determination
The Tribunal carefully considered the evidence adduced. The Tribunal is satisfied that the respondent’s business declined significantly during the crash in the building industry and the appellant was asked to take up a position in the UK because there was no work for him in Ireland. Therefore Tribunal finds that the appellant was made redundant and is entitled to a redundancy payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:
Date Employment Began 18 August 2003
Date Employment Ended 21 July 2011
Gross Weekly Wages €832.00
This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
It should be noted that payments from the social insurance fund are limited to a maximum of €600.00 per week.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)