EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Marcin Nowicki -appellant RP406/2013
Against
Team Obair Limited -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S. C.
Members: Mr D. Moore
Mr F. Barry
heard this appeal at Dublin on 2nd May 2014
Representation:
_______________
Appellant: Mr Blazej Nowak, 107 Amiens Street, Dublin 1
Respondent: In Person
Summary of Evidence
The respondent is an employment agency. The appellant worked for the respondent from March 2007 until the end of 2010, he was offered alternative positions but declined the offers. In April 2011 the appellant requested his P45 by email stating that, ‘I found a job in Dublin and I’m working since first February (2011)’. The respondent maintains that they had work available for him but he declined any offers made to him.
The appellant maintains he was on lay-off from December 2010 until he served notice of redundancy on the 8th of April 2011. As no counter notice was received he maintains his employment was terminated by way of redundancy in April 2011.
Determination
The Tribunal are satisfied that the appellant resigned from his employment and took up alternative employment. The appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)