EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Freddie Idio, RP221/2013
against
The Delph Centre Limited T/A Wholesale/Distribution,
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy SC
Members: Mr. C.A. Ormond
Mr. S. O'Donnell
heard this appeal in Dublin on 10 March 2014
Representation:
_______________
Appellant(s) :
Mr. David Curran for Ms. Mary Duffy-King, S.I.P.T.U.,
Misc Unit, Liberty Hall, Dublin 1
Respondent(s):
No legal representation
The decision of the Tribunal was as follows:-
An appeal was brought under redundancy legislation in respect of a warehouse operative and cleaner whose employment with the respondent was stated to have begun on 7 July 2002. It was alleged that the respondent had not paid him any redundancy though claiming that the appellant’s job no longer existed.
The respondent contested the redundancy appeal to the Tribunal. For some eleven years the appellant had worked for the respondent. The appellant needed major ongoing care after he became ill in 2009. He was given cleaning work for some fifteen hours per week.
However, the respondent told the appellant in March 2011 that, for financial reasons, it could not continue to employ him as a cleaner. Cleaning became a duty shared among the staff. Nevertheless, the respondent offered the appellant the possibility of returning to his old full-time position but the appellant did not accept this.
Determination:
The Tribunal accepted that the appellant was no longer fit for his original job.
The appellant had to give up his full-time job because of illness. He took up a new part-time job in which he did not have two years’ service. The appeal under the Redundancy Payments Acts, 1967 to 2007, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)