Farrell v Dlock Electrical Services Ltd

• Jurisdiction: Ireland
• Judgment Date: 19 February 2009
• Judgment citation (vLex): [2009] 2 JIEC 1902
• Date: 19 February 2009
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Farrell (appellant) v Dlock Electrical Services Limited (respondent)

Representation:

Appellant:	Mr. Charlie Prizeman, Industrial Officer, TEEU 5 Cavendish Row, Dublin 1.
Respondent:	Mr. Conor Bowman BL, instructed by Ms. Andrea Nealon of Fitzgerald Gallagher McEvoy Solicitors, Orby Chambers, 7 Coke Lane, Smithfield, Dublin 7.

Abstract:

Employment law - Redundancy - Fair procedures - Resignation of employee - Whether appellant's employment ended by reason of redundancy - Whether employee left of his own accord - Redundancy Payments Acts, 1967 To 2003.

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:	CASE NO.
Andrew Farrell, 2 Arda Raith Wood, Tullyallen, Co. Louth – appellant	RP1029/2008

against

Dlock Electrical Services Limited – respondent

Unit 2, The Shannon Valley Business Centre, Turvey, Donabate, Co. Dublin

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2003

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Mr. T. Taaffe
Members:	Mr. R. Murphy
	Mr. S. O'Donnell

heard this appeal at Dublin on 19 February 2009.

Facts The appellant had been working for the respondent and had received an instruction to go north to help solve an issue a long-standing customer was having. The appellant was unhappy with this instruction and felt that he had been working too many hours and that it was unsafe and unreasonable to expect him to go. The appellant felt that he had no choice but to verbally resign. Subsequently he had telephoned the managing director to withdraw his resignation and had been told that his job was gone. The managing director of the respondent gave evidence. It was stated that he met the appellant one evening in his office who told him that he was unhappy that had been instructed to go to the north yet again. The managing director was not happy that the appellant let down a long-term customer and the appellant had offered his resignation. The next day he had instructed the supervisor to contact a former employee and offer him the position. When the appellant contacted the office to withdraw his resignation the position had been filled.

Held by the Employment Appeals Tribunal in determining that the appellant was not entitled to an award. The Tribunal carefully considered the evidence adduced and accepted that the appellant had verbally tendered his resignation to the respondent. As soon as the appellant had...