EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Leo Cox - appellant
RP226/2015
against
Knockhall Farms Limited - respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Ms H. Murphy
Mr P Pierson
heard this appeal at Roscommon on 11th January 2016
Representation:
_______________
Appellant(s) : In person
Respondent(s) : Tom Smyth & Associates, 61 St Marys Road, Midleton, Co Cork
Summary of Case
The appellant worked for the respondent pig farm on a part-time basis at weekends. He also worked each Summer from 2011 to 2014 during his Summer break from college, from which he graduated in the Summer of 2014 with a degree in bio-engineering.
The Managing Director of the respondent company gave evidence that he employed the appellant from September 2014 to January 2015 on a building project which concluded in January 2015. His weekend work on the pig farm remained available thereafter, but the witness told the Tribunal that the appellant informed him that he was no longer available for weekend work as he had secured alternative employment. The Managing Director gave further evidence that the appellant had been a good worker and was difficult to replace. However he was subsequently replaced in his position, and his role, carrying out weekend work was not made redundant.
The appellant accepted that he was employed at weekends and during the Summer months from 2011 to September 2014. However, he denied that he was employed on building project work from September 2014 to January 2015. He gave evidence that he was employed at that time on a full-time basis, carrying out maintenance duties on the pig farm. He told the Tribunal that the Managing Director told him on 9 January 2015 that he had no more work for him and he had to let him go. He accepted that one week later, while he was working out his notice period the Managing Director told him that he still had had weekend work available for him. However he had already secured alternative employment at this stage. He commenced working in this alternative employment on 26 January 2015.
Determination
The Tribunal carefully considered the evidence adduced at the hearing. The Tribunal is unanimously of the view that a redundancy situation did not exist. The appellant was offered continuing employment in his weekend position, a position he had filled since July 2011. He was replaced in his position following his departure and the Tribunal is therefore satisfied that a genuine redundancy situation did not exist.
In those circumstances the Tribunal finds that the claim under the Redundancy Payments Acts 1967 to 2007 fails and is hereby dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)