EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Jacek Szumski
- appellant RP31/2014
Against
Clongill Property Developments Limited In Liquidation/Receivership
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr D. Moore
Ms. N. Greene
heard this appeal at Dublin on 13th February 2015
Representation:
Appellant(s): Mr Blazej Nowak, Polish Consultancy Enterprise, 107 Amiens Street, Dublin 1
Respondent(s) : No appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that all parties including the liquidator and the receiver were on notice of the hearing. There was no appearance by or on behalf of the respondent.
The Tribunal heard the appellant commenced employment with the respondent company on the 1 September 2008. On the 5 December 2008 he suffered an injury in the workplace. The appellant was fit for work in April 2013 and told the Tribunal he wrote to the respondent company in and around this time seeking clarification of his status. He received no communication from the respondent company. A liquidator was appointed to the respondent company in November 2013. The appellant gave evidence of commencing new employment in May 2013.
The Tribunal carefully considered the evidence. The Tribunal in particular note that a personal injury claim was settled in 2010 for the injury sustained in the workplace. The appellant provided no documentation supporting his claim that he had contacted the respondent regarding his fitness to return to work. The appellant could not recall when he submitted his final medical certificate to the respondent. By the appellant’s own admission he gained alternative full time employment in May 2013.
In all the circumstances the Tribunal find that the appellant is not entitled to a redundancy payment. The appeal under the Redundancy Payments Acts, 1967 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)