EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Eric Byrne RP1023/2013
against
Cussolough Transport
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Revington SC
Members: Mr. D. Peakin
Mr. J. Maher
heard this appeal in Dublin on 14 August and 6 November 2014
Representation:
Appellant: No legal or trade union representation at Tribunal hearing
Respondent: Mr Eamonn Gibney,
HR Dept.,
Mooretown,
Kildare,
Co. Kildare
The decision of the Tribunal was as follows:
The respondent is a transport company that employed a number of drivers including the appellant. In August 2013 the respondent lost an established contract with a client. In a letter to the appellant dated 15 August this witness stated that the company had sufficient work for him and expressed the wish to retain him as an employee. Up to that time the appellant had been primarily engaged with deliveries to that lost client. That engagement involved certain hours which suited all concerned. The appellant’s initial contract of employment stated his working hours would be flexible.
Determination:
The Tribunal allowed all witness testimony called to support the allegation that the respondent had a redundancy lump sum liability. However, the Tribunal was satisfied that suitable alternative work had been offered in that the conditions were the same or similar.
The appeal under the Redundancy Payments Acts, 1967 to 2007, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)