EMPLOYMENT APPEALS TRIBUNAL
Adam Barton -appellant
McCallan Brothers Limited -respondent
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Ms J. Winters
Mr. S. O'Donnell
heard this appeal at Dublin on 6th November 2015
Appellant: In Person
Respondent: In Person
Summary of Evidence
The respondent is a construction company in which the appellant worked as a general operative. It is the respondent’s evidence that in or around April 2014 the appellant was given notice that work was scarce and temporary lay-off is a possibility. On the 14th of May the appellant was informed that there was no further work for him and that he was being put on lay-off effective from the 16th of May 2014. A new contract was secured by the respondent the following week so the appellant was contacted immediately to return to work. The respondent called the appellant on the 23rd of May and the 30th of May to offer him work; there are phone records to substantiate this. The appellant was in Poland at the time and said he would contact the respondent on his return. He had requested his P45 in the meantime. The appellant was given his P45 and his outstanding wages on the 29th of May.
In response to a letter from the appellant and his colleague on the 19th of June requesting a redundancy payment, the respondent replied by letter of the 26th of June again stating that there was ample work available. Further letters were sent to the appellant on the 11th of August and the 26th of August offering the appellant work. There was no response from the appellant.
It is the appellant’s evidence that he was informed there was no more work available two days before he finished on the 16th of May 2014. He was informed previously that work was becoming scarce. He was contacted the following week while he was in Poland and informed there was work now available for him but he wasn’t given a definite start date. He requested his P45 and a redundancy payment; he was told by the head office that they have no information on any redundancy payment due. He received his P45 and final cheque on the 29th of May 2014 on his return from Poland. He did not have any further contact with the respondent although he was party to a letter seeking redundancy on the 19th of June.
Section 13 of the Redundancy Payments Acts as amended states that,
‘13.—(1) Subject to subsection (2), an employee shall not be entitled to a redundancy payment in pursuance of a notice of intention to claim if, on the date of service of that notice, it was reasonably to be expected that the employee (if he continued to be employed by the same employer) would, not later than four weeks after that date, enter upon a period of employment of not less than thirteen weeks during which he would not be laid off or kept on short-time for any week.’
The Tribunal prefer the respondent’s evidence and are satisfied that the appellant was offered work within the prescribed time as per the Redundancy Act. Therefore the appeal under the Redundancy Payments Acts 1967 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal