EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NOS.
Mark Hackett – appellant 1 MN274/2014
Kieran Quinlan – appellant 2 MN276/2014
against
Mitie Security Limited – respondent 1
Mitie Facilities Management Limited – respondent 2
under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. C. Corcoran
Members: Ms J. Winters
Mr. S. O’Donnell
heard this appeal at Dublin on 20 August 2015
Representation:
Appellants: Mr Hugh Hegarty of SIPTU,
Liberty Hall, Eden Quay, Dublin 1
Respondent: Mr Tiernan Doherty of IBEC,
84/86 Lower Baggot Street, Dublin 2
The decision of the Tribunal was as follows:-
The appellants were both claiming minimum notice while the respondent replied that they had worked their notice and therefore were not entitled to a minimum notice payment.
It was agreed that each side would call a single witness.
Respondent’s Case
The HR manager gave evidence. The respondent’s business is managing buildings by providing services such as looking after Health & Safety, cleaning and security. In 2011 the respondent was contracted for 9 sites. In June 2013 the client informed them that it was closing 3 sites, including Kilkenny where both appellants were employed. The appellants were put on notice in early July that they would be made redundant on 31 December 2013.
Then in September the finish date pushed back to June 2014. The appellants were notified of the change. At a later date both appellants asked to finish at the original date of 31 December. At that time the respondent was unable to facilitate this request but later found a way to accommodate them.
Appellants’ Case
Appellant 1 gave evidence. He felt that he and appellant 2 were due a payment for minimum notice because they were informed verbally on 19 December 2013 that they were being made redundant. He accepted that they got a letter in June 2013 giving notice of redundancy on 31 December. They were paid an enhanced redundancy payment.
Determination
The Tribunal carefully considered the evidence adduced in this case. It is common case that the respondent’s client decided to close the site where the appellants were employed. They were given formal notice of this intention in June 2013. Following the issuing of the notice the appellants’ termination date was pushed back and in a bid to facilitate the appellant 1 the date was brought forward to the original date again. The Tribunal finds that the appellants were both given statutory notice of the termination of their employment at a meeting in June 2013. Accordingly the appeals under the Minimum Notice and Terms of Employment Acts 1977 to 2007 fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)