RP131/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

Patrick Melody                                                                                                          RP131/2014

against

Kathleen Mulhern

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Dr A. Courell B.L.

Members:     Mr D. Morrison

                    Mr M. McGarry

heard this appeal at Castlebar on 29th July 2015

Representation:

Appellant:

             Ms Breege O'Hora, Citizen Information Centre, Dillon Tce, Ballina, Co. Mayo

Respondent:

             Mr Denis Molloy, Solicitors, Bridge Street, Ballina, Co. Mayo

Appellant’s case:

The respondent operates a private hire bus company and the appellant was employed as a bus driver from 1^st April 2000 until 1^st November 2013.

Around Easter 2013 the appellant became aware that the respondent would be losing a contract with the HSE and that this would affect the total number of hours work available to him going forward. Prior to Easter the appellant was working 3 hours per day, 5 days per week and this continued to be the case until 1^st November 2013 at which time the contract with the HSE expired and was not renewed.

The claimant was aware of the end date for the HSE contract and prior to it ending had requested that he be paid redundancy. He knew that he could continue doing other work for 1½ hours per day, 5days per week. However the appellant refused this work and told the respondent that he wanted to be paid redundancy instead.

It was the appellant’s position that as the HSE contract was gone and his hours were about to be reduced from 3 hours per day down to 1½ per day and that consequently his position was redundant and he was entitled to a redundancy lump sum.

Respondent’s case:

The respondent confirmed that the appellant was made aware around Easter 2013 of the possibility of the HSE contract being lost and that at the time the appellant told her that if there was not going to be enough work for him he would have to “go on the dole”.

When the HSE contract expired on 1^st November 2013 the respondent met with the appellant and told him that he was not entitled to a redundancy lump sum as there was still work available to him going forward. After the appellant left, the work that was to be assigned to him was instead assigned to another employee who had commenced employment with the respondent in October 2013.

It was the respondent’s position that the appellant was not made redundant but that he left of his own volition.

Determination:

Having carefully considered the evidence adduced at the hearing the Tribunal finds that no redundancy situation existed at the time of the appellant’s termination of employment.

It was the respondent’s evidence that there was work going forward for the appellant albeit on reduced hours. Furthermore the appellant confirmed that he could have continued to work for the respondent on reduced hours but chose not to and instead left the employment.

Therefore the Tribunal is satisfied that the appellant left of his own volition and his claim under the Redundancy Payments Acts, 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)