RP325/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP325/2015

CLAIM OF:                                                                                                  

William Doyle –appellant                                                                             

against

European Freight Systems Limited t/a EFS – respondent

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr C. Corcoran BL

Members:    Mr P. Pierce

                    Mr J. Jordan

heard this appeal at Dublin on 7th November 2016

Representation

Appellant:       In person

Respondent:    In person

The decision of the Tribunal was as follows:-

Claimant’s Case

The claimant told the Tribunal that he had worked for the respondent for 20 years. He picked up a bug at work and was off on sick leave for a period. When he got the all clear from the hospital and returned to work the managing director told him that he was too old to work.

He took a claim under the Industrial Relations Acts 1969 to 2001 to the Rights Commissioner and was awarded €10,000.00 for the loss of his employment. He was not paid the award.

Respondent’s Case

The managing director told the Tribunal had driven a heavy vehicle. He let claimant go because of his age. He could not insure him past the age of 70.

He was annoyed that the claimant made various attempts to sue the company.

Determination

In order to award a redundancy lump sum payment the Tribunal must be satisfied that a genuine redundancy situation existed. In this case both parties are in agreement that the claimant’s employment was terminated because of his age. Following on from this the Tribunal cannot find that the claimant’s dismissal was as a result of redundancy.

Further, the Rights Commissioner made an award to the claimant, under the Industrial Relations Acts 1969 to 2001, for the unacceptable manner in which his employment was terminated. As the Rights Commissioner has already found that the claimant was unfairly dismissed, the Tribunal cannot now find that he was fairly dismissed by virtue of redundancy.

The appeal under the Redundancy Payments Acts 1967 to 2007 is dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)