UD1680/2013

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1680/2013

APPEAL OF:                                                                                               

Collette Downer   -appellant

against the recommendation of the Rights Commissioner in the case of:

St Laurence College       -respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Ms. M. Levey B.L.

Members:        Mr E. Handley

                        Mr F. Barry

heard this appeal at Dublin on 3rd February 2015

Representation:

_______________

Appellant:       In Person

Respondent:    In Person

This case came before the Tribunal by way of an employee appeal of the Rights Commissioner Recommendation ref: r132214-ud-13/JT under the Unfair Dismissals Acts 1977 to 2007.

Summary of Evidence

The appellant is claiming she was unfairly selected for redundancy. The appellant worked as a ‘general’ secretary with the respondent school. Due to significant losses in the school (€141,000) they had to implement a redundancy programme. As part of the cost cutting measures none of the contract teachers were re-hired and the balance of savings required came from the redundancy of privately paid non-teaching staff.

All of the general secretaries were made redundant except for the 7^th year secretary; this position was funded by the 7^th year fees.   The 7^th year programme had been managed and run by two of the teachers that were made redundant. In order to retain continuity, knowledge and skills, the 7^th year secretary was retained. It’s the appellant’s case and evidence that she could have and did fulfil this role on occasion. It is not disputed that the appellant covered sick leave, annual leave and had knowledge of the 7^th year secretary role but not the level of knowledge or experience that the person in the position had.

Evidence of the redundancy procedures was given to the Tribunal. When the school found out that the ‘school’ secretary was retiring they wrote out to all the staff selected for redundancy and gave them the opportunity to apply for the role; the claimant did not apply for the job.

Determination

It is the view of the Tribunal that as the appellant only intermittently covered the 7^th year secretary role, the full-time 7^th year secretary would naturally have more knowledge, skills and experience in the role. It is also significant to the Tribunal that the appellant did not apply for the role of ‘school’ secretary.

The Tribunal find that the appeal of the Rights Commissioner Recommendation ref: r132214-ud-13/JT under the Unfair Dismissals Acts 1977 to 2007 fails therefore upholding the Rights Commissioner Recommendation.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)