O'Dwyer v Asphalt Roofing Ltd [EAT]

• Jurisdiction: Ireland
• Judgment Date: 27 February 2012
• Judgment citation (vLex): [2012] 2 JIEC 2703
• Date: 27 February 2012
• Docket Number: RP1399/2011
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP1399/2011

APPEAL(S) OF:

Thomas O'Dwyer 37 Ossary Park, Kilkenny

Appellant

and

Asphalt Roofing Limited Lismaine, Jenkinstown, Co Kilkenny

Respondent

Representation:

Appellant: Ms. Anne Flynn, SIPTU, Connolly Hall, Summerhill, Waterford

Respondent: An employee of the company.

Under

Redundancy Payments Acts, 1967 To 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Ms D. Donovan B.L.

Members: Mr J. Hennessy

Mr F. Dorgan

heard this appeal at Kilkenny on 27th February 2012

1 The decision of the Tribunal was as follows:

2 It was the respondent's case that the appellant had left the employment of the company prior toredundancies being implemented. The appellant was out sick from the end of December 2007. Hedid not return to work after that time and the company did not receive medical certificates from him. The appellant's job was left open but in 2009 it was assumed that the...