RP554/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                            CASE NO.

Peter O'Dwyer -appellant                                                                              RP554/2012

against

Liam Carroll Refrigerated & Dry Freight Haulage Limited (In Liquidation) -respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. K.T. O'Mahony B.L.

Members:     Mr J. Hennessy

                     Mr F. Dorgan

heard this appeal at Thurles on 4th December 2013

Representation:

Appellant:       In person

Respondent:    Ms. Staunton on behalf of the liquidator.

Summary of Evidence

The appellant’s evidence was that 31^st March 2010 was the last day he worked for the respondent. Due to certain events that occurred that day his position became untenable and he had no choice but to leave the employment. He outlined those events to the Tribunal. His solicitor advised him to bring a claim against the company but he decided not to. He submitted medical certificates to the respondent up to the end of May 2010. He did not return to work then but “took some time out” and worked part-time for himself.

The company subsequently went into liquidation on 10^th September 2010. The appellant lodged the claim for a redundancy payment with the Tribunal on 20^th April 2012. He did not know until early 2012 that his name was not on the list of employees provided to the liquidator.

Determination:

Having considered the evidence and the appellant’s written submission the Tribunal is satisfied that the appellant terminated the employment relationship because of the employer’s alleged conduct. It is not necessary for the purposes of this case to determine whether that termination occurred on 31^st March 2010 when the appellant left because he felt his position had become untenable or at the end of May 2012 when he ceased submitting medical certificates to his employer. A redundancy situation did not exist on either of these dates. While the appellant may have succeeded in a claim for constructive dismissal under the Unfair Dismissals Acts 1977 to 2007 no such claim was before the Tribunal.

As the appellant’s employment was not terminated by reason of redundancy the appeal under the Redundancy Payments Acts 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)