EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP307/2015
APPEAL(S) OF:
Cian Noone
Against
Beckman Coulter T/A Beckman Coulter Inc
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. C. Egan BL
Members: Mr. T.L. Gill
Ms. H. Henry
heard this appeal in Galway on 18 October 2016
Representation:
_______________
Appellant(s) :
No legal or trade union representation
Respondent(s):
Mr. John Brennan, IBEC, Ross House, Victoria Place, Galway
The decision of the Tribunal was as follows:-
The appellant claimed service from 1 July 2013 to 10 July 2015 when his quality control post ended. He sought a redundancy payment after a site closure was announced in October 2014. His job was due to finish in March 2015. An opportunity arose for him to take up a position in which he had previously worked (from July 2013 to December 2013) because a longer-serving employee wanted to leave early. He took up the position in April 2015.
While in this position the appellant was under the impression that he would be allowed to leave once he had found alternative employment. He found it and sought to leave on 10 July after serving his notice. He was told that he would be allowed to leave but that he would not be receiving a redundancy payment as the company needed him to stay based on business needs. However, his position was not being filled once he left. He had assumed that, once he left, and his job in the company ceased to exist, that he would be entitled to a redundancy payment. He sought help from the Tribunal.
The respondent’s position was that the appellant had resigned while his work still remained.
Determination:
The appeal under the Redundancy Payments Acts, 1967 to 2007, fails. The appellant showed much intelligence and skill but redundancy payments are only payable when a particular post becomes redundant rather than when an employee decides to leave a post of his own accord.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)