EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Patrick McGrath, - claimant UD938/2012
Home-Lee Beddings (1975) Limited - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B.L.
Members: Mr T. Gill
Ms H. Murphy
heard this claim at Galway on the 26 March 2014
Claimant(s) : Ms Dawn Carney, Sheehan & Co, Solicitors,
Augustine Court, St Augustine Street, Galway
Respondent(s) : No appearance by or on behalf of the respondent
The determination of the Tribunal was as follows:-
Summary of Evidence
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 claimant commenced employment with the respondent company in June 1992 as a forklift driver. He also performed a number of other general duties within the company helping in all areas when required. On the 27 October 2011 he was informed of a rationalisation plan within the company and was informed of his dismissal. No alternatives were offered to him and his employment ended on the 22 December 2011.
The claimant maintained that his position was not redundant as he was the only licensed forklift driver in the company and the job was then assigned to an unlicensed driver.
The Tribunal heard the uncontested evidence of the claimant. The claimant was dismissed in circumstances purported to be a redundancy situation. He was offered no alternative roles within the business although he had experience working in the different areas having been in employment with the respondent for almost twenty years.
The Tribunal finds that the claimant was unfairly dismissed and, having taken the statutory redundancy payment he received into account, awards him compensation of €34,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal