EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Padraig Gallagher RP178/2015
Against
McPartland Oil Limited
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 T. Gill
heard this appeal at Carrick-On-Shannon on 8th December 2015
Representation:
_______________
Appellant: Ms. Dolores Tiernan, Development Manager, Citizen
Information Service, Bridge Street, Drumshanbo, Co. Leitrim
Respondent: Ms C Clarke, Financial Controller and Human Resource Manger
Claimant’s case:
The claimant told the Tribunal that he was employed by the respondent as a lorry driver, customers would ring him directly and he would arrange delivery of their oil. There was never any issues with his work. He was advised in a telephone conversation by the owner of the respondent company that the business was being restructured, a new lorry was being purchased and there was no work for him as a driver. He was told to park up the lorry in the yard. He was also advised that his ADR driving licence was due to expire and there may be an issue with insurance. The respondent said that he may be able to offer him something on the sales side of the business.
The claimant had some annual leave to take and did so renewing his licence during that period. He took his new ADR to the respondent’s office in Sligo but didn’t hear anything more. He tried ringing the respondent on a few occasions and wrote to him on 14th September 2014. He received no reply to his telephone calls or the written communication.
The claimant said he had no option but to seek alternative work. His new employer looked for a P45 and he asked a girl form the office to forward it to him. He then sent an RP77 to the respondent on 17th February 2015. It was only on 19th February 2015 that the respondent replied disputing his redundancy claim.
Under cross examination the claimant denied verbally giving his notice to the owner of the respondent company.
Respondent’s case:
The owner of the respondent company was not in attendance at the hearing. TG a manager gave evidence that the claimant did not work after 25th April 2014. Another diver had been taken on by the respondent and he said that when the claimant called to the Sligo office in September he told TG that he had been trying to contact the owner without success, he couldn’t wait around any longer and would have to seek alternative employment.
Determination:
On the basis of the uncontroverted evidence the Tribunal finds that the claimant was dismissed by reason of redundancy on 25th April 2014, on which date he was told to park up his lorry. Alternative work as a sales position was discussed as well as his ADR expiring. Despite the efforts of the claimant to make contact during the summer months he heard nothing. Evidence was given by the manger that the claimant called to the offices, said that he was trying to contact the owner and that he could not hang on without work.
It was submitted on behalf of the respondent that the claimant resigned but none of the documentary evidence produced supported that claim. He respondent (owner) who had the significant conversations with the claimant was not in attendance. The Tribunal therefore had no alternative but to accept the evidence of the claimant. Accordingly the Tribunal awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date Of Commencement: 22 August 2005
Date Of Termination: 25 April 2014
Gross Weekly Pay: €392.17
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)