Former employee loses appeal against NUIG Students’ Union

Galway Bay fm newsroom – A former employee of the Students’ Union shop in NUI Galway has lost his appeal against his former employers.
Maciej Tuczynski took his case to the Employment Appeals Tribunal after he lost his full time position at the shop when he became a student in September 2012.
Mr. Tuczynski was employed as a general assistant at the Student Union shop from September 2009.
His role was full-time and involved a 39 hour week.
In September 2012, he made his employer aware of his plans to return to college.
He advised he would be unable to work on a full-time basis and sought part-time work.
The Tribunal heard conflicting evidence concerning the appellant’s availability for work.
Witness for the Student Union gave evidence that Mr. Tuczynski was not in a position to commit to hours of work because he was never sure of his availability.
However the appellant stated he was available on Saturdays and evenings after 6.
The tribunal heard Mr. Tuczynski was issued with his P45 in or around the 12th of September and his position was filled by another person who continues to work in the 39-hour position.
In reaching a decision, the Tribunal stated that it was satisfied that evidence indicated that he would not be in a position to fulfil the terms of his employment contract as existed at the time.
It was further stated that under the circumstances, the claim made under the Redundency Payments Acts 1967 to 2007 failed.