EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Martin Barna, UD946/2012
against the recommendation of the Rights Commissioner in the case of:
Paddy Punch Limited (in liquidation)
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Hurley
Members: Mr. T.L. Gill
Mr. J. Flavin
heard this appeal in Limerick on 8 July 2014
Representation:
_______________
Appellant(s):
Mr. John Kane on behalf of Mr Ger Kennedy,
S.I.P.T.U., Liberty Hall, Dublin 1
Respondent(s):
There was no attendance at the Tribunal hearing by
Mr. Jim Stafford, Friel Stafford, Corporate Recovery,
44 Fitzwilliam Place, Dublin 2
The determination of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation r-115455-ud-11.
It was claimed that the appellant had been unfairly selected for redundancy.
Giving sworn testimony, the appellant, a chef, said that (following a change of ownership of his employer company) he had not accepted a wage reduction which he found excessive whereupon he had been made redundant. He said that people had laughingly spoken of him as the cheapest head chef in Limerick. He acknowledged that he had been consulted by the employer about the running of the business but said that the employer had not tried to keep him on but, rather, made him redundant and then adopted the appellant’s ideas for the business going forward.
The Tribunal was told that the appellant did all he could to mitigate his loss by earning as much as he could in new employment after the initial months following the employment from which he had been made redundant.
No evidence was offered to dispute the appellant’s testimony.
Determination:
On the uncontested evidence of the appellant the Tribunal allows the appeal under the Unfair Dismissals Acts, 1977 to 2007, against Rights Commissioner Recommendation r-115455-ud-11 and, in all the circumstances of the case, deems it just and equitable to award him compensation, in addition to the redundancy lump sum already paid to him arising from the termination of his employment, of €7,000.00 (this amount being equivalent to 10.86484137 weeks’ gross pay at €644.28 per week).
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)