RP90/2015

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                          CASE NO.

Derek Keegan                                                                                                RP90/2015

-          Appellant

against

C.B.E.C. Limited

-          Respondent

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. P. O'Leary B L

Members:     Mr M. Carr

                    Mr D. Thomas

heard this appeal at Dublin on 1st April 2016

Representation:

Appellant:       In Person

Respondent:    In Person

The decision of the Tribunal was as follows:-

Background:

The appellant was employed as a Telecoms Engineer from January 2010. In 2011 the business was in difficulties and all staff agreed to work a 3-4 day week in order to keep all staff employed.

On the 22^nd January 2015 all staff were informed by their Supervisor that they would remain on a 4 day week for another period of 2-3 weeks as the contract the company was to acquire was delayed. The appellant was not happy and stated he would turn up for work for 5 days a week. The Supervisor informed the owner of the respondent company what had occurred with the appellant. The owner contacted the appellant who informed him he would not continue to work a 4 day week. The respondent told the appellant he was dismissed.

Respondent’s Position:

The respondent gave evidence. He told the Tribunal that the appellant’s was not made redundant and therefore he was not entitled to a redundancy payment. He had dismissed the appellant following a series of issues which culminated with the appellant stating he would not work a 4 day week.

Appellant’s Position:

The appellant gave evidence. He agreed that when told his working week would continue in January for a 4 day week he said he would come in for 5 days but explained that if he had no van available to him he would not have been able to work for 5 days. He refuted he had told the respondent to let him go and felt he had been made redundant.

Determination:

The Tribunal have carefully considered the sworn evidence and submissions adduced in this matter. The Tribunal finds a redundancy situation did not occur in this instance and therefore the appeal under the Redundancy Payments Acts, 1967 to 2007 is dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)