EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Ryan
Members: Mr D. Peakin
Ms N. Greene
heard this appeal at Dublin on 8th January 2014
Appellant: In person
Respondent: Ms Catherine Day, Peninsula Business Services (Ireland) Limited,
Unit 3, Ground Floor, Block S, East Point Business Park, Dublin 3
The claimant gave evidence to the Tribunal to the effect that he had an accident in August 2010 and submitted medical certificates to the respondent for the next two years until he received a P45 in February 2012. The P45 was dated 12th October 2011. He had not brought a fit to return to work certificate to his former employer as he received the P45 before that date. He is now fit to work.
The respondent is a recruitment agency that supplied labour to sites. The contract which the claimant worked on was lost to another agency. They recruited all the employees including the claimant’s brother and brother in law. The claimant was not dismissed and his job did not cease to exist. Evidence was given of conversations with the claimant advising him to contact the new agency. These conversations took place when he came in, sporadically, with his sick certificates. He was also advised of his need to re-register after a three month absence and that he could be assigned to another site which he didn’t want.
This matter came before the Tribunal by way of a claim for a Redundancy Payment. The Tribunal is satisfied that the claimant was not dismissed by reason of Redundancy and, accordingly, the claim fails.
Sealed with the Seal of the
Employment Appeals Tribunal