EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Desmond Quigley UD204/2013
RP172/2013
MN123/2013
against
Compass Catering Services Ireland Limited
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. O. Madden BL
Members: Mr. D. Peakin
Mr. P. Trehy
heard this case in Dublin on 13 March 2014
Representation:
_______________
Claimant(s):
No legal or trade union representation at the hearing
Respondent(s):
Mr. Brian O'Sullivan, IR/HR Executive, IBEC,
Confederation House, 84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:-
Claims were brought under unfair dismissal, redundancy and minimum notice legislation by a waiter whose employment began in December 1990 and whose last day worked was in mid-September 2011. The claimant’s position was that since 1990 he had worked “as required” for his employer. A seniority list initially had his name on it. It was later removed. Regularly, race meetings saw the claimant rostered to be on duty. A redundancy option was afforded to workers. Terms and conditions of employment were altered. The claimant was neither offered further work nor included in the redundancy offer. He had not come to any arrangement with the respondent. From the Tribunal he sought compensation or a redundancy award.
The respondent’s position was that it had not dismissed the claimant and that it did not consider his role redundant but, rather, that its relief panel continued to include the claimant as an employee. The claimant had not been dismissed. The claimant was employed when needed and worked hours occasionally. He was still on the respondent’s books and could be offered future hours if he wanted them.
Determination:
The Tribunal heard sworn testimony from the claimant who gave September 2011 as the date when his employment ended. It was not disputed that his claim form reached the Tribunal on 23 January 2013. The Tribunal has no discretion but to allow the respondent’s objection that the unfair dismissal claim was out of time as having been made more than a year after the date that the claimant said that his employment had ended. The claim under the Unfair Dismissals Acts, 1977 to 2007, fails.
The Tribunal did not consider that the claimant’s work had become redundant. In fact, the respondent stated that it would be prepared to offer him work again. The appeal under the Redundancy Payments Acts, 1967 to 2007, fails.
There was no evidence to satisfy the Tribunal that there had been any breach of minimum notice legislation by the respondent. The claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)