EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Sean Nelson - claimant UD483/2013
against
Parmont Limited T/A Esplanade Hotel, - respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr P. Pierce
Mr C. Ryan
heard this claim at Dublin on 15th April 2014
Representation:
_______________
Claimant(s) : Mr. Austin Heffernan, Austin Heffernan & Co, Solicitors,
20/21 Quinsboro Road, Bray, Co Wicklow
Respondent(s) : IBEC, Confederation House, 84/86 Lower Baggot Street,
Dublin 2
Summary of Case
The claimant worked as a chef with the respondent hotel from April 2011. The Tribunal heard evidence from the Managing Director of the hotel that it is a seaside hotel and accordingly it is a seasonal business with the bulk of its business carried out from May to September each year. In the 3 years preceding 2012 the hotel had secured a substantial amount of business from a local language school for the quieter winter period. In 2011 alone that business was worth in the region of €250,000.00 to the hotel over a 10 week period as the hotel provided full board to the students of the language school over that period. The hotel had become reliant on that business but in September 2012 it became apparent that the hotel had lost the language school business as no bookings of any substance had been made for October/November 2012.
Due to the loss of this business the hotel was forced into a rationalisation plan and had to make cuts across all the departments of the hotel. Working hours were reduced in all departments and the position of a manager who had gone on maternity leave was not replaced during the term of her leave. The Tribunal heard further evidence that the position of the claimant as head chef was a stand- alone position and the hotel could no longer sustain this position as the volume of business in the kitchen had reduced significantly. There was no longer a requirement to employ a person of the claimant’s level of skill as the level of business did not warrant a person of the claimant’ skill and salary. The claimant’s position was identified to be made redundant and the claimant was informed of this by way of a meeting with the general manager of the hotel on 21 September 2012. The claimant’s employment was terminated by reason of redundancy on 23 September 2012 and he received two weeks pay in lieu of notice. The claimant’s position has not been replaced and his work has been subsumed by the general manager of the hotel and part-time/casual employees of the hotel.
The claimant gave evidence that he never had any formal meetings with management of the hotel concerning his proposed redundancy and there was no consultation with him concerning the rationalisation of the business. He was never provided with any figures/numbers regarding the reduction in business. He understood that the reduction in business was in the region of 25%-30%. He gave evidence that (V), a chef was hired by the hotel in or around June 2012. He was called to a meeting by the general manager in September 2012 and was told that his position was being made redundant due to a decline in business. He believes that his position remains in existence as his duties as a chef in the hotel still exist. He believes that (V) took on his duties following the termination of his employment. He told the Tribunal that (V) remained in employment with the hotel for approximately 10 weeks after his position was made redundant and he now works alongside (V) in alternative employment. Details of his current employment status and the loss he sustained following his redundancy were provided to the Tribunal.
Determination
The Tribunal after careful consideration of the oral and documentary evidence adduced at the hearing is satisfied that a real and genuine redundancy situation existed in the hotel. The Tribunal also finds that the selection process adopted by the hotel was not unfair and accordingly the Tribunal determines that the claim under the Unfair Dismissals Acts 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)