EMPLOYMENT APPEALS TRIBUNAL
Donald Lynch – appellant
Ashjen Limited T/A At Risk Security - respondent
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Galway on 22nd October 2015
Appellant(s) : In person
Respondent(s) : Mr Ruairí De Búrca, Deburca Solicitors, 27 Washington Street, Cork City
The decision of the Tribunal was as follows:-
The appellant commenced employment with the respondent company in December 2010 in the role of security guard. The respondent denied any dismissal occurred in this case and submitted that the appellant remained an employee after the 3 July 2014, which was the date the appellant submitted on his claim form to the Employment Appeals Tribunal. The claim form to the Employment Appeals Tribunal was also filed on the 3 July 2014.
Director of the respondent company (MW) submitted copies of the appellant’s pay slips covering pay periods in July, August and September 2014. The appellant was uncontactable for periods from 26 February 2014 to 18 April 2014 and from the 12 September 2014 to 10 October 2014. Letters dated the 9 October 2014 and the 13 November 2014 issued to the appellant were opened to the Tribunal.
The appellant resumed employment and MW gave evidence of pay slips which issued to the appellant for dates in April, May and June 2015.
The appellant gave evidence that he was not getting any work from the 7 February 2014, and having lodged his claim for redundancy in July 2014, he was offered work. The appellant denied that he was uncontactable for the periods submitted by the respondent. The appellant could not recall receiving letters from the respondent in October and November 2014. The appellant accepted that he emailed the respondent on the 29 May 2015 informing them that he had obtained alternative employment.
Having carefully considered the evidence and documentation submitted by both parties at the hearing, the Tribunal is satisfied that the appellant remained an employee after the 3 July 2014. The Tribunal considers the fact that the respondent company has increased the workforce from six hundred in July 2014 to eight hundred and fifty currently as evidence that the appellant was not dismissed from his employment by way of redundancy.
The claim under the Redundancy Payments Acts, 1967 to 2007 is therefore dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal