RP477/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                        CASE NO.

David Doyle

- appellant                                                                                                                  RP477/2014

Against

Irish Commercials Sales Limited

- respondent

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms J. McGovern B.L.

Members:     Mr. B. Kealy

                    Mr C. Ryan

heard this appeal at Dublin on 19th August 2015

Representation:

Appellant(s) :

             Mr Patrick Kavanagh, Technical Engineering and Electrical Union,

             6 Gardiner Row, Dublin 1

Respondent(s) :

             Ms Claire Hellen, IBEC, Confederation House, 84-86 Lower Baggot Street, Dublin 2

Determination

The appellant was employed by the respondent company as an apprentice heavy goods vehicles (HGV) mechanic in July 2008. The apprenticeship required the appellant to complete and pass seven phases in order to get FAS certification and qualify as a HGV mechanic.

The appellant’s employment ended on 16 April 2013 and his claim for redundancy was submitted to the Employment Appeals Tribunal on the 26 May 2014 outside the statutory time limit for bringing a claim.

The Tribunal is satisfied that the appellant demonstrated reasonable and circumstances outside of his control led to the late submission of his claim. The Tribunal therefore extends the time allowed to submit the claim under the Redundancy Payments Acts.

The appellant gave evidence of completing each phase of the apprenticeship programme repeating two theory exams over the course of his training. He commenced the final phase seven on the 10 March 2012 involving thirteen weeks on the job training. Once he completed the thirteen weeks he was qualified. He did not receive any pay increase and did not ask his line manager about signing off on phase seven in order that he receives his qualification certification from FAS. The appellant said he was afraid to say anything and continued working. He also submitted that he did not know who to ask about his apprenticeship. He was of the view that the respondent would inform him of his qualification. The appellant took this claim as he believes the respondent delayed signing off on his final phase and as a result he did not receive his qualification certificate until 28 March 2013.

Director of the respondent company (CB) gave evidence of participating in the apprenticeship programme for many years having established a good relationship with FAS. The appellant was based at the Naas depot with a workshop supervisor and a line manager. A service manager signed off on each of the appellant’s competencies included in the training programme. The witness had not been made aware of the appellant completing the final phase seven. FAS have not raised any issues with the administration of the apprenticeship programme.

The Tribunal considered all of the evidence submitted by both parties. The claim under the Redundancy Payments Acts, 1967 to 2007 fails as it is clear from the documentation submitted that the appellant qualified as a HGV mechanic when FAS certified him in April 2013. The Tribunal cannot look behind the FAS certification process.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)