EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Employee - claimant UD423/2012
Employer - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Wallace
Members: Mr T. Gill
Ms H. Murphy
heard this claim at Limerick on 12th December 2013
Claimant: Sean Costello & Co., Solicitors, Haliday House, 32 Arran Quay, Dublin 7
Respondent: Mr Padraic Monaghan, KPMG, 1 Stokes Place, St. Stephen's Green, Dublin 2
Tom McEvoy Solicitor, Harrison O'Dowd, Estuary House, Henry Street, Limerick
The determination of the Tribunal was as follows:-
The Tribunal has carefully considered the evidence and submissions made over the course of hearing. It was the respondents contention that the claimant had manipulated his pay rate without the respondents knowledge and at a disciplinary meeting on August 31st put his hands up and asked for a deal to be done. The respondent agreed a redundancy package that included an ex-gratia payment. The claimant signed an RP50 form and handed over a letter of resignation. The payments were to be made by a series of post- dated cheques and the company went into receivership before the payments were complete. The claimant told the Tribunal that he receiver did not pay any monies to him after the company entered receivership arising from the agreement entered into by the claimant with his employer upon his resignation.
The Tribunal, unanimously consider the claimant as having entered into a voluntary agreement with his former employer. In addition, the claimant provided the respondent with a letter of resignation.
The Tribunal finds that in all the circumstances the claimant resigned of his own volition, and the claim under the Unfair Dismissals Acts, 1977 to 2007, therefore fails as the claimant's remedy lies in the Civil Courts as a contract debt.
Sealed with the Seal of the
Employment Appeals Tribunal