EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
, RP388/13
Aleksandrs Ivanovs - appellant
Against
Garden Of Eden Herbs Limited, - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms V. Gates BL
Members: Mr T. O'Grady
Mr T. Brady
heard this appeal at Dublin on 4th April 2014.
Representation:
Appellant: Mr. Richard Grogan, Richard Grogan & Associates,
Solicitors, 16 & 17 College Green, Dublin 2
Respondent: Mr. Aidan Phelan, Peninsula Business Services (Ireland)
Limited, Unit 3 Ground Floor, Block S, East Point Business
Park, Dublin 3
The decision of the Tribunal was as follows:-
The respondent’s representative informed the Tribunal at the commencement of the hearing that claims under the Terms of Employment (Information) Act, 1994, the Organisation of Working Time Act, 1997 and the Unfair Dismissals Acts, 1977 to 2007 had been lodged with the Labour Relations Commission in 2013. The cases were listed for hearing before the Rights Commissioner on 2 December 2013. On that day the Rights Commissioner facilitated mediation talks and an agreement was reached between the appellant and the respondent. The appellant signed the agreement on 9th December 2013 in which he accepted the terms of the agreement in full and final settlement of all statutory, contractual and other claims howsoever arising against the respondent. Furthermore, the appellant had the benefit of independent advice prior to signing the agreement. The respondent signed this document on 12th December 2013.
The appellant undertook to withdraw the claims made to the Rights Commissioner upon implementation of the terms of the agreement. The settlement cheque was issued to the appellant on 14th January 2014.
In response the appellant’s representative referred the Tribunal to a letter dated 26 September 2013 to the Labour Relations Commission in which he stated that he would be proceeding with claims under the Organisation of Working Time Act, 1997 and a claim under the Terms of Employment (Information) Act 1994. The representative also stated that the claim under the Unfair Dismissals Acts, 1977 to 2007 was withdrawn and was being substituted with a claim under the Redundancy Payments Acts, 1967 to 2007.
Determination:
It appears from the evidence that four claims were listed for hearing before the Labour Relations Commission on 2nd December 2013. Prior to that date a claim under the Unfair Dismissals Acts, 1977 to 2007 had been withdrawn by letter to the Labour Relations Commission dated 26 September 2013 on the basis that the appellant intended pursuing a redundancy claim in the alternative.
Negotiations took place between the parties on 2nd December 2013 and an Agreement was reached which was reduced to writing and signed by the appellant on 9th December 2013 and thereafter by the respondent on 12th December 2013. The final paragraph of the said Agreement states that the appellant accepts “the above terms of the Agreement in full and final settlement of all statutory, contractual and other claims howsoever arising against the respondent”.
Having carefully considered the submissions made on behalf of both parties, the Tribunal is satisfied that the appellant entered into a Settlement Agreement with the respondent which contained no saver, caveat or reservation in respect of a future redundancy claim and which in clear and unambiguous terms states that the terms agreed are in full and final settlement of all other claims howsoever arising and did so with the benefit of legal advice. The terms of the said Settlement Agreement are binding upon the parties and therefore the appeal before the Tribunal pursuant to the Redundancy Payments Acts fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)