UD1261/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                                  CASE NO.

Noel O'Brien – claimant                                                                                                  UD1261/2014

Against

Nurendale T/A Panda Waste – respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms P.  McGrath B.L.

Members:       Mr. A.  O'Mara

Mr P. Trehy

heard this claim at Dublin on 3rd November 2015

Representation:

_______________

Claimant(s):               In person

Respondent(s):           Mr Michael Shanley

                                    Respondent Company’s Legal Department 

The determination of the Tribunal was as follows:-

Preliminary Determination:

The Tribunal has carefully listened to the evidence adduced. The respondent raised a preliminary issue regarding the claimant’s service.  In particular the respondent gave evidence to the effect that the claimant had left the company for a 10 day to 2 week period at the end of July 2013 such that terminated his previous 18-month period of service.  The claimant returned to the workplace on the 12^th of August 2013 and was subsequently dismissed in July 2014; just short of the 52 weeks’ service required under the Act.

There was very little by way of paperwork to document the period of time when the claimant did not turn into work for the said period of time in July/August 2013. There was no evidence trail, no notes to file and no memos on the details of any purported resignation.

There was quite clear evidence to the effect that the claimant was unhappy with a proposed change in his workplace venue in July 2013. The claimant expressed dissatisfaction with the extra journey time, extra cost of petrol and the expectation that he would be forced to pay tolls.  The claimant exasperated did not turn into work.  He conceded that in a fit of annoyance he may have said he was leaving his job.

Despite this, and within a very short period of time the claimant was contacted and asked if he had an interest in taking on a part-time driving job in the respondent company’s site in Slane, Co Meath, which position the claimant was very happy to take up.

The Tribunal is satisfied that on balance there was no break in the claimant’s service such that would operate to prevent him from having the benefit of the Unfair Dismissals legislation in what was a job of some 2½ years’ duration.

Accordingly, the Tribunal is satisfied that it has jurisdiction to hear the case under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)