UD547/2012, MN411/2012, RP397/2012

EMPLOYMENT APPEALS TRIBUNAL

UNFAIR DISMISSALS ACTS, 1977 TO 2001

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:    Ms M. Levey BL

Members:     Mr J. Goulding

                     Mr S O’Donnell

heard these appeals at Dublin on 14^th October 2013

Representation:

Claimant:          

Respondent:    No appearance or representation

The determination of the Tribunal was as follows: -

The Tribunal is satisfied that the respondent was properly on notice of the hearing.

The claim under the Redundancy Payments Acts 1967 to 2007 was withdrawn.

Claimant’s Case

The claimant gave evidence. He started working for the father and uncle of the respondent in 1977 as an apprentice mechanic, and following completion of his apprenticeship he stayed on. Both his employers were members of the fire service and in 1988 he too joined the fire service. He remains a member of the fire service.

The claimant ceased employment in 1989 and when to America. When he came home in 1991 he was offered him his job back and he accepted. In 1998 the owners retired and the respondent and his brother took over the business. The claimant was paid redundancy but was employed by the new owners. When the other mechanic left an apprentice was taken on.

About 6 years ago the respondent’s brother got out and the respondent carried on alone. At that time the claimant was working full time. In 2009 the claimant was put on a three day week. Then in late 2001 a friend of the respondent joined the business to sell cars. The respondent at about the same time asked the claimant if he would like to lease the workshop from him. The claimant considered the offer but did not accept it. The respondent told him that he would not be paid redundancy.

In early January 2012 the garage was busy. The respondent called the claimant to the office and told him that he was closing the business and there was no more work for him. His colleague was told the same thing but later that evening he phoned the claimant to say that he had been given back his job. There was no consultation. The claimant did not receive a p.45 and he was neither given notice nor paid in lieu of notice. The business continues to trade.

Determination

Based on the uncontested evidence of the claimant the Tribunal finds that the claimant was unfairly dismissed. Taking into consideration that his position with the fire service restricts his ability to mitigate his loss the Tribunal awards him the sum of €18,000.00 under the Unfair Dismissals Acts 1977 to 2007.

The claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005 succeeds and the claimant is awarded the sum of €1908.00 being 6 weeks’ wages.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)