A laid off construction worker’s claim for redundancy fails as he fails to prove his position was made redundant and refuses to accept offer of work.
Construction company-Polish worker working in UK for Irish respondent-all employees placed on temporary lay off-family bereavement of directors of company-claimant requested p45 and “briefing”-company sent P45 and P60-company offered claimant work again-claimant said “no”, sore finger-company wrote to claimant for confirmation of not returning to work-job filled by another worker-claimant accepted company offered him work-did not know the nature of work but did not enquire either-claimant failed to make out case that his position was made redundant-claim under Redundancy Payments Acts 1967 to 2007 fails as claimant refused to accept offer of work.
Decision published: 15th November, 2012
For claimant: In person
For rerspondent: Ms EJ Walsh BL instructed by James J Kelly & Son Solicitors