EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Patrick McGovern
RP495/2013
against
Source Civil Limited
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr S. Mahon
Members: Mr P. Pierson
Ms H. Henry
heard this appeal at Carrick-On-Shannon on 17th October 2014
Representation:
_______________
Appellant: In person
Respondent: Ms Dearbháil Mulhern, Mulhern, Solicitor, Main Street,
Mountcharles, Co Donegal
The decision of the Tribunal was as follows:-
The claimant gave evidence of working as a driver for a civil engineering firm from 2009. He work was on sites in Leitrim on various projects. At the end of the projects he was advised that the only site needing a driver was in Cork. He felt that the location was unreasonable. The claimant told the Tribunal that got Terms and Conditions of Work which he signed and dated 25th January 2011. His place of work was determined to be “work at various sites as determined by the company”.
The respondents managing director told the Tribunal that the work was mainly laying pipes for county councils. Most contracts only last 4/6 months but they company was lucky to have received a few in the locality at the time of the claimant’s contract so it was almost 3 years of work in County Leitrim. He said that the respondent wanted the claimant to go to Cork and told him that other work in the North West in the future but the claimant said it was too far and he had family commitments.
Determination:
Having heard and considered the adduced evidence and submitted documentation the Tribunal finds that the cessation of the appellant’s employment with the respondent was not as a result of a redundancy. It was the nature of the industry and his contract provided for a move to sites at which the respondent was successful in procuring.
The appeal under the Redundancy Payments Acts, 1967 to 2007 falls
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)