UD606/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                      CASE NO.

Employee -      claimant                                                       

                                                                                                                                 UD606/2012

Against

Employer -      respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. E. Kearney BL

Members:     Mr. W. O'Carroll

                   Ms H. Henry

heard this claim at Ennis on 24th October 2013

Representation:

_______________

Claimant(s) :       Mr Barry O'Donnell, Houlihan O'Donnell Flaherty,

                            Solicitors, 105 Ranelagh, Dublin 6

Respondent(s) :   Mr. David Farrell, IR/HR Executive, IBEC, Confederation

                            House, 84/86 Lower Baggot Street, Dublin 2

Preliminary Point

The Tribunal heard evidence that the claimant’s employment terminated by reason of redundancy and the claimant was paid his statutory redundancy entitlement. In addition the claimant was paid an ex-gratia severance payment and signed a discharge form in full and final settlement of any claims arising from the termination of his employment.

The Tribunal is satisfied after hearing the evidence of the claimant that he had informed consent in entering into this agreement. It was clear from his evidence that he knew exactly what the terms of the redundancy package would be. Further, the Tribunal is satisfied that there was no evidence of duress although the Tribunal fully appreciates that after giving ten years excellent service to the respondent company he was emotionally upset that his job was gone. The Tribunal is also satisfied from the claimant’s own evidence that he was happy with the manner that the company dealt with the matter. In particular his evidence was that the HR representative was “A1” in how she dealt with the matter in all meetings. The Tribunal therefore believes that the claimant had an option of receiving advice.

The Tribunal notes that the claimant accepted that his job was gone, signed a discharge form and accepted statutory redundancy and an ex-gratia payment. Therefore in those circumstances the Tribunal declines jurisdiction under the Unfair Dismissals Acts 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)