EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD782/2012
RP617/2012
CLAIM(S) OF:
Robert Gomulka
Claimant
against
John Kavanagh
Respondent
Kavanagh Cleaning
Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O’Carroll Kelly B.L.
Members: Mr J. Browne
Ms S. Kelly
heard this claim at Wexford on 6th October 2016
Representation:
Claimant: Claimant’s Wife
Respondent: Not Present or Represented
The determination of the Tribunal was as follows:-
Background:
On the 20th of February 2012 the appellant lodged a claim under the Unfair Dismissals Acts, 1977 to 2007 and the Redundancy Payments Acts, 1967 to 2007 against the same named respondents as listed in this matter.
On the 24th June 2012 a division of the Employment Appeals Tribunal heard a claim under the Unfair Dismissals Acts, 1977 to 2007 between the same named appellant and respondents as listed in this case. The reference for this case is UD 1533/2012.
On the day of the hearing the division of the Tribunal heard uncontested sworn evidence from the appellant in respect of his case under the Unfair Dismissals Acts, 1977 to 2007 awarded him the sum of €3,000.00 (three thousand euro) in compensation.
This case under the Redundancy Payments Acts, 1967 to 2007 was listed for hearing on the 6th of October 2016.
Determination:
The Unfair Dismissals Acts, 1977 to 2007 and the Redundancy Payments Acts, 1967 to 2007 are mutually exclusive and therefore an award cannot be made under both Acts. A division of the Employment Appeals Tribunal has determined, in June 2014, that the appellant was unfair dismissed and therefore a claim for redundancy in the same position with the same respondent cannot be made.
Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)