EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Brian Van Eekeren RP779/2013
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(s):
No legal or trade union representation at Tribunal hearing
Respondent(s) :
Mr Eamonn Gibney, HR Dept.,
Mooretown, Kildare, Co.Kildare
The decision of the Tribunal was as follows:-
The appellant commenced employment as a truck driver with the respondent in June 2000. His relationship with the company was by way of a verbal contract and, as part of that agreement, his hours were 04.00 to 14.00. Those hours were strongly linked to his well-established delivery run with one of the respondent’s main clients. On occasions the appellant undertook other deliveries and at times finished his day’s work later and up to 16.00. Through the course of his employment the appellant adapted his lifestyle and family affairs to his normal times. In July 2013 he learned that the respondent was to lose that contract with this client from the end of August.
The appellant was on annual leave when some meetings took place between staff and management on this issue. However, he understood that redundancy was mentioned during those discussions. The appellant insisted that this topic was not mentioned at a meeting he attended on 1 August. By the end of that month he accepted new employment with a different entity which was linked to the delivery to the lost client.
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)