EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
EMPLOYEE -claimant UD1383/2012
RP1004/2012
MN763/2013
Against
EMPLOYER - respondent
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 V. Gates B.L.
Members: Mr R. Murphy
Mr P. Trehy
heard this claim at Dublin on 3rd December 2013
Representation:
_______________
Claimant: In Person
Respondent: REP
Summary of Evidence
The respondent, a Farmer, employed the claimant as a farm labourer, from 1999 until 2012. The respondent gave evidence that his business began to experience severe financial difficulties culminating in the Bank obtaining a very significant judgement against him in the High Court in 2010. The respondent’s financial situation was so poor that he was obliged to borrow in order to continue to pay the claimant’s wages and wage cheques were often not honoured by the bank. However, the claimant was, in due course paid all wages due to him. The respondent undertook the farm work himself after the claimant’s employment ceased. He also engaged the services of AD to undertake certain structural works required under the terms of the Single Farm Payment Scheme. AD, as part of the Farm Relief Scheme assisted with milking from time to time when the respondent himself was not available.
The claimant accepted that the respondent’s business had faced significant financial difficulties. Whilst he accepted that AD was known to him as a local welder and minor construction worker and that he was also part of the local Farm Relief Scheme, he disputed that AD was employed to milk as infrequently as claimed by the respondent. The claimant acknowledged that he had received a redundancy lump sum payment from the Social Insurance Fund and also holiday pay. The claimant took issue at the manner in which he was made redundant without notice.
Determination
Having heard all of the evidence adduced by the parties, the Tribunal finds that a genuine redundancy situation existed. The Tribunal finds that on the balance of probabilities, the claimant was not replaced by AD, but that AD was working on the farm in a different capacity to the claimant and was only engaged in milking duties from time to time under the Farm Relief Scheme when the respondent was unavailable. The Tribunal finds the claimant was made redundant without adequate notice. The Tribunal awards the claimant the sum of €2,640.00 being the equivalent to six weeks’ pay in lieu of notice pursuant to the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
The claims under the Unfair Dismissals Acts, 1977 to 2007 and the Redundancy Payments Acts, 1967 to 2007 are dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)