EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. C. Corcoran B.L.
Members: Mr. L. Tobin
Mr. T. Brady
heard this claim at Dublin on 7th November 2013
Mr Emmet Butler, Butler Monk, Solicitors,
DMG Business Centre, 12 Camden Row, Dublin 8
Mr Noel McCartan, McCartan & Burke, Solicitors,
Iceland House, Arran Court, Smithfield, Dublin 7
The respondent is in the business of selling holidays and decided to set up a company designed to sell holiday packages to Travel Agents. The claimant was engaged as a reservation agent with responsibility primarily for selling over the phone to Travel agents. However this business turned out to be unsuccessful and the respondent decided to make this position redundant.
The owner of the respondent (D.I.) informed the claimant in writing on 12th June 2012 that her job was likely to become redundant and invited her to a further meeting on 18th July 2012. The purpose of the second meeting was to discuss, among other things, suggestions from the claimant as to alternatives to redundancy.
At the meeting of 18th June 2012 DI considered that there was no alternative to making the claimant redundant. There were two positions available with the company but the claimant was not suited to either. DI then gave notice to the claimant of her termination date and informed her that he would allow her time off for interviews with other companies and suggested other companies that were recruiting at that time.
The claimant contended that she was unfairly selected for redundancy over others who were doing the same job as her and that she got the impression that DI wanted her to justify being kept on instead of others. However she went on to say that only one other person was doing the same job and that person was on maternity benefit at the time of the claimant’s termination of employment.
The claimant was busy up to the time she was made redundant and disputed that there was a genuine redundancy.
Having carefully considered the evidence adduced at the hearing the Tribunal are satisfied that the claimant was fairly dismissed by way of redundancy. A genuine redundancy situation existed at the time and the claimant was fairly selected for redundancy.
The position in which the claimant was employed became redundant and there were no suitable alternative jobs available for her. Fair procedures were followed by the respondent in selecting the claimant for redundancy.
Accordingly the claim under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal