UD554/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                         CASE NO.

Miroslaw Fudali,         -           (appellant)                                                                   UD554/2013

against the recommendation of the Rights Commissioner in the case of:

First Direct Logistics Limited,            -           (respondent)

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:    Mr. B. Kealy

                    Mr P. Trehy

heard this appeal at Dublin on 30th May 2014

Representation:

_______________

Appellant(s) :              Ms. Mary Duffy King, Siptu, Liberty Hall, Dublin 1

Respondent(s) :           Peninsula Business Services (Ireland) Limited, Unit 3

                                    Ground Floor, Block 5, East Point Business Park, Dublin 3

The determination of the Tribunal was as follows:

This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Unfair Dismissals Acts, 1977 to 2007, reference r-125783-ud-12.

Both parties made written (filed) and oral (noted) submissions to the hearing relying upon various legal authorities.

Preliminary Issue

The respondent submitted that the appellant did not have a full years continuous service as required under Section 2(1)(a) of the Unfair Dismissals Act, 1977. The respondent outlined the appellant’s employment history with them from 31^st July, 2009 to 18^th June, 2012 as follows:

31^st July 2009 to 18^th June, 2010:

The appellant’s work as a driver was casual with the respondent company. The appellant terminated his own employment in June, 2010 as a result of obtaining full time work elsewhere.

17^th September, 2010 to November, 2010:

The appellant worked for approx. 12 days with the respondent during this period.

1^st April, 2011 to 21^st July, 2011:

The appellant again took up casual work for approx. 39 days with the respondent and terminated his employment citing he had found full time work elsewhere.

23^rd November, 2011 to 18^th June, 2012:

The appellant obtained a full time position with the respondent as a night shift Transport Supervisor. The respondent terminated the appellant’s employment on 18^th June, 2012.

The appellant submitted that it is reasonable to submit that his employment status with the respondent was continuous between 31^st July, 2009 and 18^th June, 2012.

Having carefully considered all documentary evidence and legal submissions of both representatives and the recommendation of the Rights Commissioner, the Tribunal entirely agrees and supports the Rights Commissioner’s finding and accordingly upholds the recommendation of the Rights Commissioner.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)