EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Michael Fallon – appellant RP1053/2013
against
Arrowcrest Limited – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr D. MacCarthy SC
Members: Ms J. Winters
Ms E. Brezina
heard this appeal at Dublin on 21st August 2014
Representation:
Appellant: In person
Respondent: A director of the company
The determination of the Tribunal is as follows:
Summary
The appellant worked for the respondent for 24 years. From some time in 2007 his working hours reduced and he rarely worked a full week. On occasion he worked only one day a week. The situation became impossible as he needed a regular income. Finally in January 2013 the appellant served an RP 9 on the respondent. The respondent could not guarantee full time work so in June 2013 he took up another job with regular hours of work.
The respondent said that the appellant had been on short time. The workforce had been reduced over time. However the appellant had been needed and the respondent gave him as much work as was available. The period before Christmas 2012 was particularly difficult. When the appellant served the RP 9 the respondent has countersigned Part C and had given the appellant full time work for the required 13 week period.
Determination
The Tribunal carefully considered the submissions made. The appellant’s hours were reduced but by continuing to work the hours offered for a period of at least 3 years the appellant accepted the reduced and irregular hours. These hours then became his normal hours of work as set down in the 1979 Act.
The appellant worked increased hours after he served the RP 9. Then he secured an offer of full time work elsewhere.
The Tribunal finds that the appellant’s position was not redundant. The appeal under the Redundancy Payment Acts 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)