EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP165/2014
APPEAL OF:
Boguslaw Madajczyk -Appellant
against
Multiroofing Systems Limited -Respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr. F. Moloney
Mr. S. Mackell
heard this appeal at Dublin on 12th June 2015
Representation:
Appellant: In person
Respondent: Mr. Conor O'Connell, Construction Industry Federation,
Construction House, 4 Eastgate Avenue, Little Island, Cork
Determination:
The Appellant’s case was based on the Redundancy Payments Acts, 1967 To 2007. The position that he held with the Respondent was not declared redundant. His dismissal did not arise out of a redundancy situation therefore there could be no redundancy.
The Appellant wished to seek other employment with that employer for which he was fit but was incapable of performing the function for which he was employed, therefore the Appellant has no claim under the Redundancy Payments Acts, 1967 To 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)