EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
William Austridge RP115/2015
against
Tesco Ireland Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O'Mahony B.L.
Members: Mr J. Hennessy
Mr J. Flavin
heard this appeal at Killarney on 18th February 2016
Representation:
Appellant : In person
Respondent : Mr Damien Cahill, IBEC, Knockrea House, Douglas Road, Cork
The decision of the Tribunal was as follows:
Summary of Evidence
The claimant was on a career break. In an agreement between the parties the claimant’s employment with the respondent would end in August 2013 if he did not return to work by that time. However thereafter, although he had not returned to work the respondent was sympathetic and did not enforce this agreement. In or around 2 April 2014, the claimant indicated to the respondent that he would not return to work and sought outstanding payments due to him. The respondent issued his P45 showing 3 July 2014 as the date of cessation of the employment. Several months later, in early in January 2015, a redundancy situation arose in the company and a number of employees took voluntary redundancy.
Determination
The Tribunal is satisfied that there was not a redundancy situation in the respondent company in or around April 2013 at the time of the termination of the appellant’s employment with the respondent. In any event, it was common case that the claimant resigned from his employment in April 2014. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)