EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
John Moroney -appellant
UD714/2012
against the recommendation of the Rights Commissioner in the case of:
BHT Group Limited T/A Heatmerchants Limited (In Liquidation) -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. Browne
Mr N. Dowling
heard this appeal at Wexford on 26th February 2014
Representation:
Appellant: Ms Andrea Cleere, SIPTU, Liberty Hall, Dublin 1
Respondent: No appearance or representation on behalf of the liquidator.
Background:
This claim came before the Tribunal by way of an employee (the appellant) appealing against a Recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 (reference: r-117388-ud-11/EH)
The company entered into liquidation on the 4th May 2012. The liquidator was notified of the date, time and venue of the hearing but did not attend.
It was the appellant’s evidence that his employment as a counter sales person commenced in January 2004. In November 2011 the appellant’s position was unfairly selected for redundancy on the basis that both his length of service and skills exceeded other employees who continued in employment.
Determination:
Based on the uncontested evidence the Tribunal finds that the appellant was unfairly selected for redundancy. The Tribunal awards the appellant compensation in the sum of €13,347.36 (less the sum of redundancy already received by the appellant) under the Unfair Dismissals Acts, 1977 to 2007. Therefore, the Tribunal varies the Recommendation of a Rights Commissioner (reference: r-117388-ud-11/EH).
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)