EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Simon Fee - appellant RP698/2013
Against
Threefold Project Management Limited T/A Threefold
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B.L.
Members: Ms A. Gaule
Mr F. Barry
heard this appeal at Dublin on 20th August 2014
Representation:
Appellant(s) : Ms Elaine Callan,
Carvill Rickard & Co. Solicitors, 1 Main Street,, Raheny,, Dublin 5
Respondent(s) : Ms Grainne McKeown, Financial Controller,
Threefold Project Management Limited T/A Threefold,
Heather House, Heather Road, Sandyford Business Estate, Dublin 18
The decision of the Tribunal was as follows:-
Determination
The Tribunal have considered all of the evidence adduced during the hearing, the documentation submitted and the legal argument made.
The claimant was put on lay off in October, 2012. He was served with an RP 9. The respondent stated the actual date of the lay - off was the 20 November 2012. That is in dispute. On the 22 January 2013 the claimant contacted the respondent requesting an update on the lay off situation. A series of e-mails went back and forth between the parties until the claimant sought his redundancy by e-mail dated the 28 January 2013. Part B of the RP9 was not submitted however the Tribunal is satisfied that the e-mail of the 28 January 2013 was a request to seek redundancy. That is not contested. The respondent made a counter offer on the 5 February 2013. Again the RP 9 procedure was not followed. The Tribunal is satisfied that the e-mail of the 5 February 2013 was a counter offer. No specific return to work date was ever established. It is clear from the evidence that the respondent did have the requisite work for the claimant.
The claimant sought work during his period of lay off. He was offered a job, without interview, from a third party company. They offered a part time position to the claimant which allowed him to work from home. The claimant stated that he wanted the part time position due to ongoing health issues. The claimant was originally offered that position at the end of December 2012. He initially turned it down but eventually accepted it in or around late January 2013. That is the reason he did not return to the respondent company.
In all the circumstances the Tribunal are satisfied that the claimant resigned his position having secured a more suitable position with a third party at the end of January 2013.
The claim under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)