RP846/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP846/2014

APPEAL(S) OF:                                                                                         

Gintaras Aravicius 

 -     Appellant

against

Nolan Transport

 -    Respondent

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                     Ms S. Kelly

heard this appeal at Wexford on 5th May 2016

Representation:

Appellant:       In Person

Respondent:    Mr. Stephen O’Sullivan BL instructed by: Kent Carty, Solicitors, 47/48 Parnell Square, Dublin 1

The decision of the Tribunal was as follows:-

Background:

The claimant was employed as a truck driver for the respondent’s haulage company from the 24^th May 2007 to the 2^nd October 2014. He had a short break in his employment from the 18^th June 2010 until the 30^th July 2010.

In January 2012 the claimant had an accident while working for the respondent and was issued a verbal warning. A second verbal warning was issued in April 213 following another accident and a disciplinary meeting. The claimant was informed should a similar incident occur in the future he would be subject to further disciplinary action, up to and including dismissal.

On the 15^th July 2013 the claimant was issued another verbal warning following a third accident at work. The warning of the 16^th January 2012 had expired by this time. Again he was informed should similar incidents occur in the future, he would be subject to further disciplinary action.

On the 31^st October 2013 the claimant was issued a written warning following a disciplinary meeting into an incident while driving for the respondent. On 4^th November 2013 another accident took place involving the claimant while driving for the respondent in the UK. He was issued a final written warning. Two further accidents took place involving the claimant on the 16^th May 2014 and the 19^th September 2014. A disciplinary meeting took place on the 2^nd October 2014 and the claimant was dismissed.

The claimant took a claim under the Unfair Dismissals Acts, 1977 to 2007 to the Rights Commissioner who found the claimant had not been unfairly dismissed.

The claimant also lodged a claim to the Employment Appeals Tribunal under the Redundancy Payments Acts, 1967 to 2007.

Appellant’s Position:

The appellant gave evidence that the reason he was dismissed was due to the fact that the respondent could not get insurance for him and this is what he was informed by the respondent on his dismissal from their employment.

Determination:

Having considered the evidence adduced at the hearing the Tribunal finds that the appellant was not dismissed by reason of redundancy.   Accordingly, the claim under the Redundancy Payments Acts 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)