EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee – appellant UD495/2013
against the recommendation of the Rights Commissioner in the case of:
Employer - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr T. O'Grady
Mr. S. O'Donnell
heard this appeal at Dublin on 3rd February 2014
Representation:
Appellant(s) : Mr Niall Phillips, SIPTU, Misc Unit, Liberty Hall, Dublin 1
Respondent(s) : In person
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of the employee appealing the recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 reference R-120452-UD-12/DI.
Background
The appellant’s representative outlined to the Tribunal that the employee in this case had intended that his claim be brought to the Equality Tribunal. The appellant had instructed his representative in July 2012 to withdraw his claim in the Rights Commissioners however this instruction was not carried out and the Rights Commissioner heard the case in the employee’s absence. As the Rights Commissioner had made a determination in the case, the Equality Tribunal were prevented from hearing the case. It should be noted the employee is no longer represented by the individual who failed to act on his instruction in July 2012.
The HR representative (PM) from the respondent organisation opened the appellant’s contract of employment to the Tribunal and referenced the stated retirement age of sixty five. At the time the appellant was approaching retirement age an extension to continue working for a further year was granted by the organisation CEO. Following the government’s moratorium and the establishment of the employment control framework this extension was revoked by letter dated 30 March 2011. The extension was revoked in order to keep the organisation within the employee framework.
The appellant retired in August 2011 on reaching the age of sixty five. The appellant signed the relevant documentation on the 30 July 2011 applying for his benefits and accepted his pension and lump sum payment.
At that time the appellant had expressed his wish to avoid the pension changes which were coming into effect in July 2011.
Determination
Having considered the evidence and submissions made by the parties at the hearing the Tribunal find that the appellant was not unfairly dismissed by the respondent organisation. The Tribunal note the appellant signed and agreed his pension benefits and lump sum and in doing so terminated his employment. His retirement was effective from the 31 August 2011.
The Tribunal upholds the decision of the Rights Commissioner and the appeal under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)