EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Mark Channing (claimant) UD1620/2012
Against
The Consumers Association Of Ireland (respondent)
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B.L.
Members: Mr. M. Flood
Mr P. Trehy
heard this claim at Dublin on 31st January 2014
Representation:
_______________
Claimant(s) : Ms. Niamh McKenna, O'Mara Geraghty McCourt, Solicitors, 51 Northumberland Road, Dublin 4
Respondent(s) : PJ O'Driscoll & Sons, Solicitors, 73 South Mall, Cork
The determination of the Tribunal was as follows:
Preliminary issue
The Tribunal has carefully considered the evidence adduced. The Tribunal note that the claimant was given a choice on 11th July, 2012 that he would either accept a six day per month or accept redundancy, which was all that the respondent could offer him at that time.
The Tribunal are satisfied that the claimant opted for redundancy of his own free will and free from any form of duress by the respondent. Furthermore, the claimant requested a copy of the RP9 form from the respondent and accepted the redundancy payment when same was made.
Furthermore, by e-mails dated 7/8 August, 2012 the claimant wrote to the CEO requesting information as to how his redundancy would be calculated and when it would be paid.
The Tribunal are satisfied a redundancy situation existed within the company at the time and the claimant opted to avail of his right to seek redundancy. The Tribunal note that whilst the claimant is not entitled to a minimum notice payment in the above circumstances, the respondent has offered as a gesture of goodwill to pay his minimum notice.
Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)