RP1078/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                 CASE NO.

Michael Confrey - appellant                                                                         RP1078/2013

Michael Confrey

                  - appellant

Against

Richard Butler. T/A R&B Heating And Plumbing

     - respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. M. Levey B.L.

Members:     Mr D. Peakin

                    Mr N. Dowling

heard this appeal at Dublin on 21st August 2014

Representation:

Appellant:                   In person

Respondent:                In person

The decision of the Tribunal was as follows:-

Respondent’s Case:

The appellant commenced employment with the respondent on 15^th September 2003 as a plumber. He was placed on lay off in October 2011. He was informed that a possible contract was coming up in January 2012 for the company. Shortly before Christmas 2011 the respondent confirmed that the company had this contract for a three month period and agreed a commencement date with the appellant of 4 January 2012. The appellant did not report for work on that day and the respondent called to his house but was unable to make contact. He then left a letter for the appellant enquiring why he had not reported for work.

The appellant contacted the respondent in November 2012 seeking his P45. He said he had been working in England. He wanted to pursue a different career. He asked that his P45 be backdated to February 2012.

There was further contact from the appellant in January 2013. He was seeking employment. Casual work was available and the respondent was in a positon to offer the appellant two weeks work in January 2013 and one week in February 2013.

In July 2013 the appellant sought a redundancy payment from the respondent. It was the respondent’s view that a redundancy situation did not exist.

Appellant’s Case:

The appellant commenced his apprenticeship in plumbing with the respondent on 15^th September 2003. He worked for the respondent until October 2011 and was then laid off due to the downturn in the economy. He was told work might pick up but he thought this to be uncertain and he could not rely on work becoming available. Some time after the appellant secured work in England and worked there for many months.

He had hoped to be contacted by the respondent that year. In or around October 2012 he tried to contact his employer indicating that he was available for work. He was unsuccessful in making contact. He subsequently requested his P45 from the respondent. At that time he understood that he would be entitled to a redundancy payment.

Determination:

The Tribunal considered the evidence adduced during the course of this hearing. The Tribunal is satisfied that the respondent endeavoured to contact the appellant with the offer of work for the period January to March 2012. This was confirmed by the appellant in his evidence. He was unhappy with the uncertainty of the work being offered. The appellant went to work in England instead and when he returned he sought his P45.

In the circumstances the Tribunal finds that the appellant was not made redundant and accordingly the appeal under the Redundancy Payments Acts, 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

           (CHAIRMAN)