EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
EMPLOYEE MN2208/2011
- Claimant UD2173/2011
WT887/2011
against
EMPLOYER - Respondent
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
UNFAIR DISMISSALS ACTS, 1977 TO 2007
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Wallace
Members: Mr. W. O'Carroll
Ms H. Murphy
heard this claim at Galway on 20th June 2013
Representation:
Claimant(s) :
Respondent(s) :
The determination of the Tribunal was as follows:-
Background:
The respondent company is a co-operative dealing in the milk and agriculture business. There was a staff of 350. The claimant was employed as a delivery man for the respondent.
Due to business constraints it was decided to restructure the Galway and Athlone plants. Voluntary redundancies were offered first. A collective redundancy process was put in place to make 60 staff redundant. On May 25th 2011 separate meetings were held with the claimant and two of his colleagues. It was decided to make 2 out of the 3 redundant. Based on their skill set the claimant and one other were chosen. On May 27th 2011 the claimant was informed.
On June 22nd 2011 the claimant was sent a letter to confirm that due to restructuring regrettably his employment would terminate on July 3rd 2011. Another meeting was held with the claimant on June 17th 2011 and it confirmed in writing on July 16th 2011 that his final working day was extended to August 31st 2011. All monies owed were paid to him.
Respondent’s Position:
Three witnesses gave evidence on behalf of the respondent. They stated they had used fair procedures and all staff had been fully informed of the redundancy process. When asked they said L.I.F.O. (last in first out) did not apply.
Claimant’s Position:
The claimant stated he had not received any terms and conditions of employment. He did not recall being informed of the redundancies on May 27th 2011. On July 27th 2011 he hurt his back and was on sick leave. He said he had not seen the letters dated June 22nd and July 16th 2011.
He gave evidence of loss.
Determination:
The Tribunal have carefully considered the evidence adduced by both parties in this matter. The Tribunal finds fair procedures were not used in the selection process and the claimant was unfairly selected for redundancy.
Accordingly, the Tribunal awards the sum of € 7,000.00 under the Unfair Dismissals Acts, 1977 to 2007. The claims under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 and the Organisation of Working Time Act, 1997 are dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)