EMPLOYMENT APPEALS TRIBUNAL
CASE NO. UD525/2009
APPEAL(S) OF:
EMPLOYEE - appellant
against the recommendation of the Rights Commissioner in the case of:
EMPLOYER - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr. L. Tobin, Mr F. Barry
heard this appeal at Dublin on 20th November 2009
Representation:
Appellant(s) : Mr. John Murphy, Assistant Branch Organiser, SIPTU, Construction & Allied, Trades Branch, Liberty Hall, Dublin 1
Respondent(s) : No appearance by or on behalf of respondent
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal from a Rights Commissioner’s recommendation Ref: r-065106-ud-08/POB
Determination:
The appellant’s case was that he was a long term senior employee and he was unfairly selected for redundancy. The respondent did not attend the hearing or present any arguments to justify his dismissal. Accordingly the Tribunal allows the appeal and sets aside the recommendation of the Rights Commissioner. The Tribunal assesses compensation “as is just and equitable having regard to all the circumstances” (section 7 of the Act) at €15,000.00
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)