EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Frank Walpole RP1044/2013
against
LAS Security Limited
t/a Safe Zone
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Mr. J. O'Neill
Mr F. Keoghan
heard this appeal at Dublin on 6th February 2015
Representation:
Appellant : Ms Joan O'Connor, Dublin 12 & 6W Citizens Information Centre, 8 Sundrive Road, Dublin 12
Respondent : No representation listed
The decision of the Tribunal was as follows:
According to the legislation redundancy is an impersonal act. It relates to a cessation of a position within the workforce. That position must not be replaced.
Having heard and considered the evidence in this case the Tribunal cannot find that a redundancy situation existed. There was certainly poor and inadequate communication between the appellant and the respondent regarding work arrangements and rosters. However, the Tribunal accepts that the company did not make the appellant’s position redundant. In turn the appellant did not show that his position and employment with the respondent had ceased due to a redundancy situation.
The appeal under the Redundancy Payments Acts, 1967 to 2007 falls.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)