EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Maciej Tuczynski - appellant RP1257/2012
against
Students Union Aras Na Mac Leinn -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 16th June 2014
Representation:
_______________
Appellant(s) : Mr. Witold Ligezowski, 50 Gort Mhalir, Athenry, Co. Galway
Respondent(s) : Mr. John Brennan, IBEC, Ross House, Victoria Place, Galway
Summary of Case
The appellant was employed as a general assistant at the respondent’s shop premises from September 2009. He was employed in a full-time capacity working 39 hours per week. In September 2012 he informed his employer that he was going to college and would no longer be in a position to work on a full-time basis. He sought to be employed on a part-time basis going forward confirming his unavailability to work a full-time contract by way of letter dated 4 September 2012.
The Tribunal heard conflicting evidence from the parties concerning the appellant’s proposed availability for work when he became full-time student. Witness for the respondent gave evidence that the appellant was not in a position to commit to hours of work because he was never sure of his availability. He never provided the respondent with a class timetable despite several requests to do so by the respondent. The appellant gave direct evidence that he was available for work on Saturdays and evenings after 6pm. However there was no agreement reached between the parties concerning the appellant’s availability for work.
The Tribunal heard further evidence that following receipt of the appellant’s aforementioned letter the respondent issued the appellant with his P45 in or around 12 September 2012. The appellant’s position has since been filled by another person who continues to work in that position on a full-time 39 hour per week basis.
Determination
The Tribunal after considering the evidence of both parties is satisfied that a real and genuine redundancy situation did not exist. The Tribunal is satisfied that the letter of 4 September 2012 sent by the appellant to the respondent indicated that he would not be in a position to fulfil the terms of his employment contract as existed at that time. In those circumstances the Tribunal finds that the claim under the Redundancy Payments Acts 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)