RP59/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                CASE NO.

Andris Vaivars                                                                                              RP59/2014

 - Appellant

Against

A & S Finnegan Cleaning Services Limited                                                              

- Respondent

Under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms J. McGovern BL

Members:        Mr. E. Handley

                        Mr. F. Barry

heard this appeal at Dublin on 20^th March 2015

Representation:

Appellant:       Gatis Andris, 7 Golden Range Square, Rush, Co. Dublin

Respondent:    ESA Consultants, The Novum Building, Clonshaugh Industrial Estate, Dublin 17

The determination of the Tribunal was as follows:-

Background:

Both parties gave sworn evidence in this matter. 

The appellant worked from July 2008 and continued in employment until December 2013.  The appellant contends he did not receive any hours of work after this time.  The respondent contends that he tried to contact the appellant by phone and by text in early January 2014 to ascertain if he was returning to work.  Both parties met on the 17^th January 2014.  On the 20^th January 2014 the appellant requested his P45 by letter.  The appellant position was replaced.

Determination:

The Tribunal have carefully considered the sworn evidence adduced by both parties in this matter.

The Tribunal finds a redundancy situation did not occur in this instance and therefore the appeal under the Redundancy payments Acts, 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)