ud752/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                                                                                                                              CASE NO.

 Mark Walsh                                                                                                                                                 

                                                                                                                                                                 UD752/2013

against

St Johns Hotel Limited T/A Radisson Blu (Liquidation/Receivership),

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr J. Lucey

Members: Ms M. Sweeney     

                Ms H. Henry

heard this claim at Limerick on 11th November 2014

Representation:

Claimant:

Mr. Brian Moloney, Moloney & Associates, Solicitors, 6 O'Curry Street, Limerick

Respondent:

             Ms Clodagh Allen, KPMG, C/O Radisson SAS Hotel & Spa, Ennis Road, Co. Clare

Respondent’s case:

At the time of the hearing the respondent was in receivership and the representative for the receiver told the Tribunal that they did not wish to contest this case. The representative also told the Tribunal that the Respondent Company and the hotel had been sold on 20^th June 2014.

Claimant’s case:

The respondent owns and operates a hotel and the claimant was employed there as a Meetings and Events Manager from 10^th November 2007 until he was dismissed by way of redundancy on 5^th December 2012. However it was the claimant’s contention that a genuine redundancy situation did not exist at the time of his dismissal and that shortly after his dismissal the respondent advertised for and employed another person in a position which was essentially the same position as the claimant previously held. The claimant also told the Tribunal that he could have done the jobs of either of two other employees who had less service than him but this was not offered to him. There was no consultation prior to the claimant being made redundant and no alternatives to redundancy were discussed or offered to the claimant. It was the claimant’s position that he had been unfairly dismissed by the respondent.

Determination:

The Tribunal is satisfied that the respondent was properly notified of the hearing. At the time of the hearing the status of the respondent was “Receivership” with the Companies Registration Office.

Having considered the uncontested evidence of the claimant the Tribunal are satisfied that he was unfairly dismissed from his employment with the respondent and awards him €51,345.84 under the Unfair Dismissals Acts 1977 to 2007. This award is over and above and in addition to any monies already paid to the claimant in respect of redundancy.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)