RP785/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                     CASE NO.

EMPLOYEE -appellant

                                                                                                                   RP785/2012

against

EMPLOYER  -respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                     Mr F. Dorgan

heard this appeal at Wexford on 11th November 2013

Representation:

Appellant:       In person

Respondent:    In person

Background:

The appellant worked for the respondent carrying out garage work which included panel beating, maintenance and driving the recovery truck. The work levels decreased. The appellant was informed by the respondent on 24^th April 2012 that there was no further work for him in his current position but that an alternative role was available to him. This was also detailed in writing to the appellant.

The role offered was that of an office role which would entail managing the workshop, answering the phone, providing quotations and issuing invoices. The appellant did not believe that he was capable of carrying out this role. While he had provided cover for this role at times of annual leave he was not comfortable in the role and contacted his colleague on annual leave many times for assistance.

Determination:

Having considered the evidence adduced at the hearing, the Tribunal finds that the appellant was made redundant and that the redundancy occurred as a result of a downturn in the respondent’s business.

The Tribunal accepts that the respondent did not wish to let the appellant go and offered the only alternative work available to the appellant.   However, the Tribunal accepts that the offer of alternative work was not a suitable alternative for the appellant.

Accordingly, the appellant is entitled to a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:

Date of Birth:                          24 December 1966     

Date of Commencement:        31 January 1994

Date of Termination:               11 May 2012

Gross Weekly Wage:              €346.00

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)