EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP343/2015
APPEAL(S) OF:
Stephen Ward
-appellant
against
Alan Mears Services Limited
-respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. MacCarthy S.C.
Members: Mr. N. Ormond
Mr. J. Flannery
heard this appeal at Dublin on 26th August 2016
Representation:
Appellant: In person
Respondent: The Managing Director
Background:
The claim for a redundancy payment was contested by the respondent company.
The appellant was employed from November 2011 to March 2015 with the respondent company under an apprenticeship. It was the appellant’s case that he was provided with a letter dated 6th March 2015 which stated:
“It is with regret due to restructuring within our company we need to implement some radical changes. Therefore with a lot of consideration we have decided to terminate your employment and respectfully give you 2 weeks notice from 6th March 2015.”
The appellant was also provided with a reference which stated that the company found him to be a punctual and diligent worker whose attendance and honesty were excellent. The reference further stated that it was due to a business overhaul and restructure that the company was regrettably ceasing his employment.
The appellant stated that he was not given any other reason for his dismissal other than restructuring.
The Managing Director submitted a number of documents and a chronology of incidents to the Tribunal in support of the company’s case. The documents outlined a number of issues with the appellant’s performance during the course of his apprenticeship which culminated in the decision to dismiss the appellant for reasons other than redundancy.
The letter of the 6th March 2015 and the reference were written in the manner in which they were to allow the appellant to seek employment elsewhere and complete his apprenticeship.
Determination:
The Tribunal considered whether the appellant was dismissed by reason of redundancy or by some other reason. The appellant’s case was supported by two documents supplied to him by the Managing Director who in turn offered an explanation as to why those documents were provided i.e. for the appellant to advance his apprenticeship.
Having considered the documents submitted concerning the appellant’s performance the Tribunal accepts the Managing Director’s explanation for writing the letter and reference and finds that no redundancy situation existed. The claim under the Redundancy Payments Acts, 1967 to 2007, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)