EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Barrie Owen – appellant RP754/2012
against
Coopers Marquees Limited – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O’Carroll-Kelly BL
Members: Mr M. Carr
Mr T. Brady
heard this appeal in Trim on 24th April 2014
Representation:
Appellant: In person
Respondent: Ms Vanessa Fitzpatrick of ESA Consultants,
The Novum Building, Clonshaugh Industrial Estate, Dublin 17
The decision of the Tribunal was as follows:-
Respondent’s Case
The respondent contested the appellant’s claim that he had been made redundant. The managing director told the Tribunal that he had started in farming but in 1989 he bought tents. Turnover doubled every year and he stopped farming. In the summer of 2000 he had 15 employees, 6 of whom were full time. Now he has 2 full time employees and 6 who take work as jobs become available. He had a good team.
In 2008/2009 there was a 75% fall in turnover. The business fell off a cliff. The appellant was an integral part of the workforce. He is hands on and practical. In 2009 he was the best of the remaining employees. The business was short of cash. Wages reduced from €15 per hour to €9 per hour.
The director could not believe it when the appellant submitted an RP9. There was work available all year in the yard but only for 2 employees. This work was always offered to the appellant. The director accepted that in 2011/2012 the appellant was working only about half the hours he had worked in 2005. In April 2012 they had a large contract. The director tried to contact the appellant by text and by phone. The director was shocked when the appellant did not come to work. He was the only employee who could drive the land-rover with a trailer and he could also operate a winch. The director was clear that he had never told the appellant that there was no work for him. When he ceased attending for work the director took on 3 casual employees and he himself needed to go on site.
The director said that there was work for the appellant but he agreed that the last day the appellant worked was 2 October 2011.
The administrator gave evidence. When the appellant stopped coming to work she contacted him by phone, text and letter between 30 and 40 times. She did not have copies with her but she would make them available to the Tribunal.
Appellant’s Case
The appellant gave evidence. He had been employed to erect marquees. Before he dropped his RP9 in the office he was on a docket with social welfare and this enabled him to claim benefit on days he did not work. Social welfare did not ask him for a P.45 when he ceased working they just took him off the docket. During the winter 2011/2012 he assumed there would be work in the summer but he heard nothing. After he sent in the RP9 he expected work or redundancy. The director did not contact him with offers of work.
Determination
The Tribunal carefully considered the evidence adduced and the submissions made by both parties. The respondent’s business is the supply of marquees and there is a large seasonal element to the work. In October 2011 work dried up but the claimant expected to be re-employed the following spring. He did not contact the respondent to ask for work. The Tribunal accepts that the respondent made some attempts to contact the appellant but these attempts were in close proximity and failed to make contact.
The Tribunal is satisfied that even had the respondent made contact with the appellant there was not enough work available for the appellant to satisfy the Act. The Tribunal finds that a redundancy situation existed in this case, and awards the appellant a redundancy lump sum under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date Employment Commenced: 23 November 2006
Date Employment Ended: 19 April 2012
Gross Weekly Pay: €360.00
This award is made subject to the appellant having been in insurable employment during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)