EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE -claimant UD1143/2012
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S. C.
Members: Mr. J. O'Neill
Mr M. O'Reilly
heard this claim at Dublin on 31st October 2013
Claimant: Ms Helen Whately B.L. instructed by,
Sean Ormonde & Co., Employment Matters/Solicitors, Suite 9, The Atrium, Canada Street, Waterford
Respondent: No appearance or representation on behalf of the respondent
The respondent company went into liquidation on the 29th of October 2013. The Tribunal received correspondence from the liquidator confirming that they would not be attending the hearing and that they are happy to have the hearing proceed in their absence.
This is a case for unfair selection for redundancy. The claimant gave evidence of the organisation of the respondent and his role as transport co-ordinator. The claimant outlined the roles of his comparators for redundancy purposes. Three months before the claimant was selected for redundancy a family member of the respondent owners was employed and subsequently took over the claimant’s role. The claimant was the only person made redundant by the respondent at that time.
The claimant gave evidence of his loss and his attempts to mitigate his loss.
Based on the uncontested evidence of the claimant the Tribunal find that he was unfairly selected for redundancy and therefore unfairly dismissed. The Tribunal award the claimant €25,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal