EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Employee - claimant UD504/2012
RP378/2012
MN390/2012
against
Employer - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr J. Browne
Mr F. Dorgan
heard this claim at Clonmel on 17th October 2013
Representation:
Claimant: Mr. John Madden B.L. instructed by Mr Eugene T. Tormey,
O'Connor Tormey & Company, Solicitors, Slievenamon Road, Thurles, Co Tipperary
Respondent: No appearance or representation on behalf of the respondent
Background:
This case was heard simultaneously with case TU15/2013.
The Tribunal is satisfied that the company was notified of the hearing at its registered office but the registered post was not called for.
It was the claimant’s case that she was informed on 7 September 2011 that her employment was ending. A transfer of undertakings was taking place to the respondent company but the claimant was informed that her position was not required by the respondent. The claimant was provided with only two weeks notice despite raising the fact that her length of service entitled her to four weeks. The claimant confirmed receiving a redundancy payment.
The claimant had also lodged a claim under the Unfair Dismissals Acts, 1977 to 2007.
Determination:
Regulation 5 (4) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, states:
If a dismissal of an employee, in contravention of paragraph (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2001 relief may not be granted to the employee in respect of that dismissal both under these Regulations and under those Acts
The claimant in this case brought a claim to the Rights Commissioners under these Regulations. A Rights Commissioner decision (reference: r-121068-tu-12/GC) issued to the parties in January 2013. The Rights Commissioner made a finding that the claimant “..was deprived continuation of her employment without due process or natural justice” and awarded the claimant the sum of €1,500 compensation.
Accordingly, the Tribunal must dismiss the claim before it under the Unfair Dismissals Acts, 1977 in 2007, in circumstances where the claimant sought and was awarded relief for a dismissal under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.
As it was confirmed to the Tribunal that the claimant had received a redundancy payment the Tribunal dismisses the claim under the Redundancy Payments Acts, 1967 to 2007.
Based on the claimant’s uncontested evidence, the Tribunal finds that the claimant is entitled to a further two weeks gross pay under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The Tribunal finds that the claimant is entitled to the sum of €440.00. By virtue of Regulation 4(1) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003:
The transferor's rights and obligations arising from a contract of employment existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)