UD1321/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                              CASE NO.

UD1321/2012

Employee        -           claimant

against

Employer         -           respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Horan

                     Mr J. Flannery

heard this claim at Carlow on 16th December 2013

Representation:

Claimant:         In person

Respondent:    No appearance by or on behalf of the receivers for the respondent

Background:

The respondent company entered into receivership on 28 February 2013. Both named receivers were notified of the hearing but did not attend.

The claimant gave evidence to the Tribunal that he was informed at a meeting that his employment would terminate by reason of redundancy due to cutbacks and the level of his salary. The claimant worked his notice period and his employment ended on 23^rd April 2012. The claimant stated that alternatives were not considered nor was the option of a reduction in salary put forward. The claimant also gave evidence of his financial loss since the termination of the employment and his efforts to mitigate that loss. The claimant received a statutory redundancy payment and a further payment of €5,000 as payment for extra hours worked, holidays and public holidays.

Determination:

On the uncontested evidence of the claimant the Tribunal finds that the respondent had a need to effect redundancies in an effort to reduce costs.

However, the Tribunal finds that the redundancy of the claimant was not effected in a fair or reasonable manner for the following reasons:-

1. The respondent failed to adhere to any fair procedures.

2. There was no discussion whatsoever or howsoever with the claimant in advance of the decision to make him redundant. The claimant was simply told that he was being made redundant and that there was no point in discussing the matter.

3. There were no discussions as to the possibility of alternatives to redundancy.   The Tribunal is satisfied that the claimant would have engaged meaningfully with the respondent as regards alternatives to redundancy.

4. The claimant was not offered a right to appeal the decision to make him redundant.

Accordingly, the claim under the Unfair Dismissals Acts 1977-2007 succeeds and the Tribunal awards the claimant compensation in the amount of €9,800.00 over and above the statutory redundancy lump sum of €11,184.00 and the sum of €5,000 already paid to the claimant.  

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)