MN402/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                                    CASE NO.

Roland Pust

- claimant                                                                                                     

                                                                                                                             MN402/2014

against

Post Publications Limited T/A The Sunday Business

Post

- respondent

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. M. Levey B.L.

Members:     Mr F. Cunneen

Mr. S. O'Donnell

heard this claim at Dublin on 27th March 2015

Representation:

_______________

Claimants(s) :     Bowler Geraghty Solicitors, 2 Lower Ormond Quay,

                            Dublin 1

Respondent(s) :   In Person

Summary of Case

It was accepted by both parties that the claimant’s employment with the respondent company commenced in May 2000 and terminated by way of redundancy in November 2013. Accordingly he had an entitlement to six weeks notice upon the termination of his employment.

Witness for the respondent gave evidence that in an effort to avoid the closure of the business (which ultimately was successful) an agreement was reached with all employees including the claimant that the company would pay four weeks’ notice plus shares in the company under the Employee Share Ownership Trust (ESOT) to employees who were made redundant. In that regard an agreement was entered into between the parties and a copy of this agreement signed by the claimant was opened to the Tribunal. The Tribunal heard evidence that this share value can be exercised by the claimant upon the sale of the company. It was submitted on behalf of the respondent that the value of the shares is greater than his statutory notice entitlement and the claimant has been compensated over and above his statutory entitlement.

The claimant’s legal representative submitted that the claimant is entitled to six weeks notice in accordance with the provisions of of the Minimum Notice and Terms of Employment Acts 1973 to 2005 and brought the Tribunal’s attention to section 4 (5) of the said Act. He stated that the claimant cannot sign away his statutory entitlement and the claimant is entitled to his notice payment “in the coin of the realm”. He submitted that there is no market for the aforementioned shares.

Determination

It appears to the Tribunal that the agreement reached between the parties during the examinership was based on the free and informed consent of the claimant with full knowledge of his legal rights. Furthermore the Tribunal is satisfied that the waiver by the claimant of his full statutory notice entitlement was on the face of it supported by adequate consideration. However, having said all that the Tribunal cannot look behind the agreement between the parties and consequently the Tribunal finds that it has no jurisdiction to hear the claim under the Minimum Notice and Terms of Employment Acts 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)