EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Donal Prior - Claimant MN382/2015
UD784/2015
Against
Mas HR Limited (In Liquidation) - Respondent
Under
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
UNFAIR DISMISSALS ACTS 1977 TO 2015
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy SC
Members: Mr. L. Tobin
Mr. S. O'Donnell
heard this claim at Dublin on 5th July 2017
and 21st September 2017
Representation:
Claimant: Mr. M. Jolley BL instructed by:
Mr. Colm Dunne, Bowler Geraghty & Company, 2 Lower Ormond Quay, Dublin 1
Respondent: Mr. Stephen O’Sullivan BL instructed by:
Mr. John Connellan, Carley & Connellan, Solicitors, 10 Anglesea Street, Dublin 2
The determination of the Tribunal was as follows:-
Respondent’s Position:
The representative for the respondent stated, and produced documentary evidence that the named respondent in this case was the claimant’s employer and not those named in cases UD780/2015, UD781/2015 and UD782/2015.
He explained the respondent company was in liquidation and the Liquidator was present at the hearing to give sworn evidence if required. The respondent’s representative further stated that the respondent in this matter was not contesting the claim.
Claimant’s Position:
The claimant gave sworn evidence of his previous middle management office based role in T Ltd where he worked for over 25 years. In February 2015 T Ltd. was taken over by the respondent and a transfer of undertakings took place. However there was a dispute in the claimant’s terms and conditions of employment which he raised with the respondent’s management.
The claimant was given a physical role to undertake in the respondent company and as a man of 63 years of age at the time, he found this role challenging. The claimant told the Tribunal that his colleagues performing the same duties were “half his age”.
The claimant attended work for one week but then attended his doctor who certified him unfit for work. On the 27th of April 2015 he attended the respondent’s Occupational Health who also certified him unfit doe work. The claimant never returned to work and later resigned his position.
The claimant gave detailed evidence of his efforts to mitigate his loss of earnings.
When questioned, the claimant explained that there had been no mandatory age for retirement with T Ltd and he would have hoped to continue working for the respondent beyond his 65th birthday.
Determination:
The Tribunal have carefully considered the sworn evidence and submissions adduced in this matter. The Tribunal find the claimant had no alternative but to resign his position.
Accordingly, the Tribunal award the sum of €71,606.08, this being 104 weeks at €688.52 weekly gross wages, under the Unfair Dismissals Acts, 1977 to 2015.
The claim under the Minimum notice and Terms of Employment Acts, 1973 to 2005 is dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
- (CHAIRMAN)