RP241/2015, MN291/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP241/2015

MN291/2015

APPEAL OF:                                                                                                           

Ioan Rasa                   

against

Michael Harrington Plant Hire (Beara) Limited

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr T. Taaffe

Members:     Ms A. Gaule

                     Mr C. Ryan

heard this appeal at Dublin on 20th May 2016

Representation:

Appellant:

             Mr Cian Hunter, Howard Sinnott, Solicitors, Ballyowen Castle, Ballyowen, Lucan Co. Dublin

Respondent:

             Mr. Brian Dolan, Peninsula Business Services (Ireland) Ltd, Unit 3, Block S, East Point Business Park, Dublin 3

Background:

The respondent is a construction firm, with it’s headquarters in Cork and the claimant was employed in Dublin on two different sites. The claimant commenced employment as a G.O./Carpenter on 8^th November 2011 and was placed on lay-off from 26^th January 2015.

On 23^rd February 2015 the claimant notified the respondent of his intention to claim redundancy by way of submitting to the respondent a form RP9 completed at part B.

On 10^th March 2015 the respondent replied to this notification by way of a letter offering him work in Galway and asking him to contact them.

The claimant found this offer to be unreasonable as he was not prepared to move with his family from Dublin to Galway. He also told the Tribunal that he refused the offer of a meeting with the respondent in Cork because he was not in a financial position to travel to Cork. Therefore the claimant contended that he was entitled to a redundancy lump sum.

It was the respondent’s position that the offer of work in Galway was a reasonable alternative to redundancy and therefore the claimant was not entitled to redundancy.

Determination:

Having carefully considered the evidence adduced at the hearing the Tribunal finds that the claimant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria.

The Tribunal is satisfied that the offer made by the respondent on 10^th March 2015 was outside of the seven days allowed for under the Acts and in any case was not a reasonable offer of alternative employment given that the claimant and his family reside in Dublin and the work offered was in Galway.

Commencement Date:         8^th November 2011

Lay-off:                                 26^th January 2015 to 23^rd February 2015

Termination date:                 23^rd February 2015

Gross pay:                            €550.00 per week

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

The Tribunal also finds that the claimant is not entitled to minimum notice as he was on lay-off when he applied for his redundancy and therefore his claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)