EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
TU12/2011
EMPLOYEE appellant UD1084/2011
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE
appellant
EMPLOYER
respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS REGULATIONS 2003
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms J. McGovern B.L.
Members: Mr. M. Flood
Mr. P. Woods
heard this appeal at Dublin on 11th December 2013
Representation:
____________
Appellant(s): Cathy Smith BL instructed by Sharon O'Malley, Solicitor, Po Box 11022,
Rathmines Post Office, Dublin 6
Respondent(s): No attendance by or on behalf of the liquidator
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal of the appellant against the recommendation of a rights commissioner reference number R095466-ud-10 and 095467-tu-10- dated 6 April 2011.
Determination
The appellant gave evidence that he worked with the respondent for a number of years as a barman. He was one of a number of employees who was informed that he was made redundant on the 21 February 2010. He outlined in detail the employment he obtained after he was made redundant. The appellant left a number of jobs of his own volition.
The Tribunal considers that the purported redundancy was not a real redundancy and that the appellant was unfairly dismissed. The Tribunal does not need to consider the appeal under the Protection of Employees on Transfer of Undertakings Regulations 2003 and it is therefore dismissed. The Tribunal upholds the decision of the Rights Commissioner in relation to the Protection of Employees on Transfer of Undertakings Regulations 2003 and the appeal fails.
In all the circumstances the Tribunal finds that the appellant was unfairly dismissed. In the circumstances the Tribunal awards the appellant compensation of €10,000.00 under the Unfair Dismissals Acts, 1977 to 2007 and in awarding this amount takes into consideration the redundancy lump sum payment which the appellant received. The Tribunal upsets the recommendation of the Rights Commissioner and the appeal under the Unfair Dismissals Acts, 1977 to 2007 succeeds.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)