EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Povilas Silkauskas - appellant RP273/2013
Midland Construction and Engineering – respondent
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr F. Cunneen
Mr S. Mackell
heard this appeal at Dublin on 17th February and 2nd April 2015
Appellant: Mr Michael Hughes-Dillon BL instructed by Mr Barry McAlister of
John P. Prior & Co Solicitors, Cogan Street, Oldcastle, Co. Meath
Respondent: Mr Conor O’Connell of CIF
4 Eastgate Avenue, Little Island, Cork
The determination of the Tribunal is as follows:
Before dealing with the appellant’s case under the Redundancy Payments Acts 1967 to 2007 the Tribunal had already determined that it had no jurisdiction to hear his case under the Unfair Dismissals Acts 1977 to 2007 because it was lodged outside the statutory time limit.
The appellant’s legal representative argued that the respondent did not act reasonably when it directed the appellant to change location from Dublin to Cork at very short notice. It was accepted that the appellant’s contract of employment contained a mobility clause.
The Tribunal had to determine whether a redundancy situation existed in respect of the appellant’s position. The behaviour of the respondent is not relevant to the decision.
In this case it is clear that the appellant’s position was not extinguished. His job continued, albeit at a different location. In these circumstances the Tribunal finds that the appellant’s employment did not terminate as a result of redundancy. The appeal under the Redundancy Payments Acts 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal