EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
MN956/2012
WT408/2012
CLAIM(S) OF:
Joseph Conway
- claimant
against
D.J. Tobin Limited T/A Tobin Coaches
– respondent
under
ORGANISATION OF WORKING TIME ACT 1997
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr T. Gill
Ms H. Henry
heard this claim at Ennis on 5th September 2016
Representation:
Claimant(s) : In person
Respondent(s) : Mr Gearoid Howard, Crimmins Howard, Solicitors, Dolmen House, Shannon, Co Clare
The determination of the Tribunal was as follows:-
Summary of Evidence
The claimant worked for over nine years as a bus driver for the respondent who had a contract with Bus Eireann to run a number of school routes.
The respondent’s evidence was that in 2010 Bus Eireann restructured its tendering process which resulted in a percentage of the routes being put up for tender each year. In spring 2012 the respondent advised all staff that three of his major routes were up for tender and there was no guarantee of securing them. In July 2012 the respondent was informed that his tender bids for those three routes had been unsuccessful. The respondent’s position at the end of July 2012 was that of the six routes he had up until then he had lost the tender for three, he retired from two and maintained his best route. The respondent believed the claimant was not eligible for that particular route. In late July 2012 the respondent furnished a number of employees including the claimant with redundancy forms for completion. The claimant’s evidence was that the respondent had informed him that he had lost his route on the day before the school run was due to recommence. The respondent had paid the claimant four weeks’ pay in lieu of notice but the claimant had returned it to the respondent with the redundancy form. The claimant initiated an unfair dismissals claim with the Rights Commissioners Service.
Determination
Telling the claimant in spring 2012 that his route was up for tender does not constitute notice of termination of his employment for the purposes of the Minimum Notice and Terms of Employment Acts, 1973 to 2005. Accepting the claimant’s evidence as to when he received notice of the termination of his employment and noting that the respondent had paid the claimant four weeks’ pay notice pay which he had returned to him, the Tribunal is satisfied that the claimant is entitled to his statutory minimum notice and awards him €960.00, being the equivalent of four weeks’ pay in lieu of notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2005. The Tribunal also awards the claimant the sum of €144.00 under the Organisation of Working Time Act, 1997 as compensation for two days’ annual leave and one public holiday due to him under that Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)