EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employer - appellant
against the recommendation of the Rights Commissioner in the case of:
Employee - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr. D. Morrison
Mr M. McGarry
heard this appeal at Castlebar on the 6 November 2013
Appellant(s) : Mr. Gary Mulchrone, Gilvarry & Associates, Solicitors,
Unit 9, N5 Business Park, Moneen Road, Castlebar, Co Mayo
Respondent(s) : no appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of the employer appealing the recommendation of a Rights Commissioner reference –R-112228-UD-11.
The employer’s representative raised a preliminary matter concerning the employee’s entitlement to make a claim under the Unfair Dismissals Acts 1977 to 2007. It was submitted that the employee commenced employment on the 8 March 2010 and that her employment ended on the 7 March 2011 one day short of the required twelve months in employment. The employer gave evidence of dismissing the employee on the 28 February 2011. With regard to the date of the 11 March 2011 on the P45 the Tribunal was told that this was the date the employee received her final payment and entitlements.
The Tribunal determined that the employee had the required time to bring a claim under the Unfair Dismissals Acts 1977 to 2007.
Summary of Evidence
The appellant (employer) trades as a shop with a filling station. The respondent (employee) was employed in the accounts office. One year after the business opened the accountant advised that the business was trading at a loss and drastic cutbacks were required. At the appellant’s request the accountant examined the accounts and identified a number of errors. The accountant took on a more active role in the business and suggested that staff cut backs be considered. He also suggested that the appellant’s wife should take on the accounts job. The respondent was paid more than any of the sales assistants and was specifically employed to work in accounts so the decision was taken to dismiss the respondent. The respondent was informed by letter dated 28 February 2011 and was paid in lieu of minimum notice. The witness himself took on the role of stock-taking and accounts and the respondent was never replaced.
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent. The Tribunal noted a communication from the respondent dated 17 October 2013 indicating that she would not attend the hearing.
The Tribunal heard uncontested evidence from the appellant. The Tribunal find that the dismissal was a genuine redundancy situation and the selection process was fair. In the circumstances the appeal succeeds and the recommendation of the Rights Commissioner is upset.
Sealed with the Seal of the
Employment Appeals Tribunal