EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Brendan Campbell - claimant RP655/2012
UD827/2012
Against
Anthony Conleth Pendred Practicing As A.C. Pendred And Company Solicitors
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal (Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr R. Murphy
Mr. S. O'Donnell
heard this claim at Dublin on 10th September 2013.
Representation:
Claimant: In person
Respondent: No appearance by or on behalf of the respondent.
The determination of the Tribunal was as follows:-
Claimant's Case:
The respondent is a solicitor's firm and the claimant commenced employment on 18th February 2008. ACP is owner. The claimant held the position of practising solicitor. He was also office manager. He was a trusted employee. He looked after bank accounts and payment of wages. He worked alongside ACP, who is a practising solicitor, his daughter who was a trainee solicitor and also a law clerk.
On 28th February 2012 he telephoned ACP who was abroad regarding the payment of wages for February 2012. ACP told the claimant not to pay the wages and that he would deal with the payment of wages following his return home.
The following day ACP telephoned the office and spoke to the claimant. He told the claimant that he had decided to make him redundant and that he was giving him two weeks' notice.
On 14th March 2012 the claimant's employment was terminated. The respondent pleaded inability to pay the claimant his redundancy entitlement. The claimant received his redundancy payment of €5,484.00 from the Social Insurance Fund. ACP's daughter replaced the claimant in his role.
Following the termination of the claimant's employment he completed a Business Programme in college. He recently secured alternative employment.
Respondent's Case:
No evidence was adduced as there was no appearance by or on behalf of the respondent.
Determination:
The Tribunal is satisfied that the respondent was duly notified of the hearing. Neither the respondent nor a representative on his behalf appeared at the hearing.
On the day of the hearing the claimant produced a copy of a letter from the respondent's solicitors. In that letter dated 30th August 2013 it was stated "that the respondent had instructed Counsel to make an application for a postponement of the case on the morning of the hearing at 10.30 am". Applications for postponements on two previous occasions had been refused by the Tribunal. The application for a postponement on 21St August 2013 made by AP referred to the hearing time as 10.30 am. The Tribunal is satisfied that the respondent knew the hearing was at 10.30 am.
Based on the uncontested evidence of the claimant the Tribunal is satisfied that he was unfairly selected for redundancy. It is clear to the Tribunal that there was a lack of fair procedures and the claimant was not notified in advance that his job was in jeopardy.
The Tribunal determines that the claimant was unfairly dismissed and awards him €12,500.00 under the Unfair Dismissals Acts, 1977 to 2007.
As remedies under the Redundancy Payments Acts, 1967 to 2007 and the Unfair Dismissals acts, 1977 to 2007 are mutually exclusive and the claimant has already received a redundancy payment, the redundancy claim fails.
Sealed with the Seal of the
This ____________
(Sgd•)_______________
(CHAIRMAN)
JUDICIAL REVIEW
CASE NO. 2013 825 JR
TUESDAY THE 27TH DAY OF MAY 2014
BEFORE THE PRESIDENT
BETWEEN
ANTHONY CONLETH PENDRED PRACTISING UNDERT THE STYLE
AND TITLE OF A C PENDRED & COMPANY
APPLICANT
AND
THE EMPLOYMENT APPEALS TRIBUNAL
RESPONDENT
AND
BRENDAN CAMPBELL
NOTICE PARTY
Upon Motion of Counsel for the Applicant made unto the Court this day pursuant to Notice of Motion dated the 5th day of December 2013 in the presence of the Solicitor for the Respondent and there being no attendance by or on behalf of the Notice Party
Whereupon and on reading the said Notice of Motion the Order herein dated the 11th day of November 2013 giving leave to the Applicant to apply for an Order of Certiorari by way of application for judicial review the Statement dated the 11th day of November 2013 signed by the Solicitor for the Applicant the Affidavit of the Applicant filed on the 11th day of November 2013 the Affidavit of the Aideen Pendred filed on the 11th day of November 2013 the Affidavit of Paul O’Sullivan filed on the 11th day of November 2013 the exhibits therein referred to and on hearing what is offered by Counsel for the Applicant
And it appearing that this Application is unopposed
The Court doth grant an Order of Certiorari in respect of the determination of the Respondent dated 17 September 2013 determining that the Notice Party was unfairly dismissed and awarding him €12,500.00 under the Unfair Dismissals Acts 1977 to 2007
And in lieu of directing that an Order of Certiorari do issue IT IS ORDERED that the aforesaid determination and all records and entries relating thereto be quashed without further Order
No Order as to costs
ANGELA DENNING
REGISTRAR
PERFECTED 29-05-2014