EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Employee - claimant
Employer - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr. W. O'Carroll
Mr F. Dorgan
heard this claim at Limerick on 22nd November 2013
Claimant: In Person
Respondent: Mr. Emmet O’Brien B.L. instructed by
Patrick G. McMahon, Solicitors, The Square, Newcastlewest, Co Limerick
Summary of Evidence
The respondent is a courier company in which the claimant worked as a driver. Due to financial reasons and the ill health of the owner, the respondent (a sole trader) wound down the business in January 2012. The claimant disputes being informed on the 6th of January 2012 that the business was going to cease trading. All the respondent employees ceased employment at this point. The claimant did not have enough service to qualify for a redundancy payment under the Redundancy Payments Acts 1977 to 2007.
The respondent owner’s son started a new courier company. The claimant was invited to submit a CV and apply for a position in this company. The claimant disputes that the offer of employment made was reasonable or a genuine offer of employment. All but two of the respondent employees started work with the new company. The claimant accepts that if he had been willing to sign a contract with the new company he would have worked there.
The Tribunal are satisfied that the claimant’s employment was terminated by way of redundancy, but he did not have the required service for a redundancy lump sum payment. Consequently the claim under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal