EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Marie Carey UD1433/2013
Against
Board Of Management T/A School Mhuire Gan Smal
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr R. Murphy
Mr A. Butler
heard this claim at Dublin on 10th December 2014
Representation:
_______________
Claimant: In person
Respondent: Members from Board of Management
Background:
The appellant claimed that her employment, which commenced in September 2000, ended by reason of unfair selection for redundancy in August 2013. Her gross weekly pay was €108.00.
At the Tribunal hearing a member of the Board of Management for the respondent said that the appellant was one of two cleaners who were made redundant when the cleaning jobs were outsourced to a cleaning company because of financial pressures. The appellant was paid her full statutory redundancy entitlement .
Determination:
Based on the evidence adduced the Tribunal determines that a redundancy situation existed at the time. The claimant stated in evidence that she received her full statutory redundancy.
The Tribunal has careful regard to the words of the statute, in particular Section (6) of the Unfair Dismissals Act 1972 as amended.
Unfair selection for Redundancy is provided for by Section 6(3) as follows:
(3) Without prejudice to the generality of subsection (1) of this section, if an employee was dismissed due to redundancy but the circumstances constituting the redundancy applied equally to one or more other employees in similar employment with the same employer who have not been dismissed, and either—
(a) the selection of that employee for dismissal resulted wholly or mainly from one or more of the matters specified in subsection (2) of this section or another matter that would not be a ground justifying dismissal, or
(b) he/she was selected for dismissal in contravention of a procedure (being a procedure that has been agreed upon by or on behalf of the employer and by the employee or a trade union, or an excepted body under the Trade Union Acts, 1941 and 1971, representing him or has been established by the custom and practice of the employment concerned) relating to redundancy and there were no special reasons justifying a departure from that procedure,then the dismissal shall be deemed, for the purposes of this Act, to be an unfair dismissal.
The Tribunal determines that the claimant was not unfairly selected for redundancy. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007, fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)