EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP233/15
APPEAL OF:
Colin Ellis
- appellant
Against
ISS Ireland Limited T/A Iss Facility Services
- respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr J. Hennessy
Mr D. McEvoy
heard this appeal at Limerick on 25th May 2016.
Representation:
Appellant: Ms Aisling Carr, O'Gorman, Solicitors, Munster House, 75a O'Connell Street, Limerick
Respondent: Mr Raymond Mulcahy, IBEC, Gardner House, Bank Place, Charlotte Quay, Limerick
The decision of the Tribunal was as follows:-
Determination:
The claimant commenced employment on 12 June 2006 with company C in the role of Security Officer. He was a floating officer and moved from site to the site.
Following a transfer of undertaking the appellant was transferred from company C to the respondent company in late June 2009.
In 2011 the appellant was offered a permanent position on site A.
During his time on site A he regularly performed general day to day administrative duties and covered for JC (Area Manager) during JC’s absence on annual leave or his attendance at meetings scheduled away from site A. He was in an acting up managerial position. The appellant looked upon himself as JC’s Number 2.
Regularly the appellant had to request that the supervisory allowance be paid to him for the times he covered for JC in his absence. He was paid a daily allowance of €20.00.
In 2013 he became aware that site A was being closed down and over a twelve month period he made enquiries from former staff who had worked in Company C. As a former employee of Company C that transferred to the respondent company he was aware that enhanced redundancy terms implied by custom and practice was applicable to him. He subsequently made enquiries with the respondent and was told that any enhanced redundancy packages paid to former employees of company C were paid only to managerial personnel. He did not believe this to be the case.
The appellant has received his statutory redundancy payment from the respondent company.
The Tribunal is satisfied that the appellant worked on an ad hoc basis in a managerial position and was compensated accordingly. The appellant did not provide any witnesses or documentary evidence to the Tribunal to demonstrate that he was employed in a managerial position and thus entitled to an enhanced redundancy package while he was employed by the respondent company.
Accordingly the Tribunal dismisses the appeal under the Redundancy Payments Acts, 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)