EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Gerard Brady - claimant UD941/2012
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 September 1978 as a general operative and later became a supervisor. His many years of experience working in the business meant he could take on any task within the company including the sewing of products. Over the course of his employment he was at one stage the trainer of all new employees in the sewing area of the factory. 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 previous redundancies within the company were selected on the basis of the last in first out (LIFO). However in his case LIFO was not applied.
The Tribunal heard the uncontested evidence of the claimant. The selection process applied to the claimant in this case was unfair as the company had previously used the LIFO selection process but deviated from that process in this case. The claimant was not offered any alternatives or given an option to suggest an alternative to redundancy. The Tribunal notes that the claimant had worked for the business for over thirty 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 €32,000.00 under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal