EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
James Thierry UD1654/2014
Against
Declan Woulfe
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms K.T. O'Mahony B.L.
Members: Mr D. Hegarty
Mr J. Flavin
heard this claim at Cork on 27th January 2016 and 10th March 2016
Representation:
Claimant:
The claimant in person
Respondent:
The respondent in person
The determination of the Tribunal was as follows:-
Claimant’s Case:
The claimant commenced employment with the respondent as a grounds worker on 1 February 2006 and underwent an operation in 2012 and had another operation in February 2013. In between both operations and up to 6 December 2013 the claimant was incapacitated and unable to work. However he was fit to return to work on 6 December 2013 but on contacting the respondent on several occasions over a protracted period was told that no work was available for him. The claimant denied having been offered part-time work by the respondent in October 2013.
Subsequently, the claimant found alternative employment with another employer and in the circumstances where the respondent had no work for him he commenced in the new employment on 12th May 2014. The claimant asked for his P45 about two weeks before he started his new job and he regarded that date as being the date of termination of his employment. He worked three days per week in the new employment and continued in it until December 2014.
Respondent’s Ccase:
The respondent’s position was that the claimant was absent from work on sick leave from October 2012. In or around September 2013 the claimant asked to return to work but the respondent was quiet at the time and offered him 2-3 days work which the claimant refused. The claimant requested his P45 at that time as his sick benefit was running out and he needed his P45 in order to claim Jobseekers Benefit. He issued the claimant his P45 in September 2013.
It was the respondent’s position that the claimant refused an offer to return to work albeit on a part-time basis and that he sought his P45 and in so doing resigned of his own volition in or around October 2013.
The respondent had a contract to install water meters from 16 March 2014 but did not consider the claimant suited to such work and never offered him employment at that stage. That contact continued until December 2014.
Determination:
Dismissal was in dispute in this case.
There was a dispute between the parties as to whether the respondent offered the claimant 2-3 days work per week in October 2013. As there was no work available for the claimant he took up alternative work with another employer on 12 May 2014 and in doing so terminated his employment relationship with the respondent. Accordingly, the claim under the Unfair Dismissals Acts 1977 to 2007 fails.
As the claim before the Tribunal is a claim under the Unfair Dismissals Acts 1977 to 2007 it has no jurisdiction to consider a remedy under other legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)