EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Jason Connolly – appellant UD262/2013
against the recommendation of the Rights Commissioner in the case of:
Aibhekaylan Limited T/A Best Price - respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Hennessy
Ms. N. Greene
heard this appeal at Portlaoise on 5th June 2014
Appellant(s) : In person
Respondent(s) : Ms Louise Merrigan B.L. instructed by Cahir & Co, Solicitors, 36 Abbey Street, Ennis, Co Clare
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of the employee appealing the recommendation of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 Ref – R123570-UD-12/RG.
Summary of Evidence
The respondent company had three stores which were located in Dublin, Ennis and Portlaoise. The appellant was based at the Portlaoise store. In 2010 sales began to decline and a there was a further significant drop in sales in 2011. In July 2011 the respondent engaged with employees and a 5% pay cut was agreed at two of the stores however this was rejected by employees at the Portlaoise store. A four day week was then proposed and agreed. The appellant had some difficulty with the proposal and was returned to five days per week at the end of September 2011. In November he was returned to four days per week. The respondent succeeded in getting three rent reductions as part of cost saving measures. The decision was taken to make the appellant redundant in March 2012. He was selected from a pool of three employees. The store manager was retained in employment as he had the skill set to perform the role of sales and administration at the store. The other employee who remained on was the store man. After the appellant was made redundant the manager from the Ennis store worked in Portlaoise three days per week and Ennis for two days per week. He provided cover when the Portlaoise manager was off or on annual leave. The store closed in March 2013 followed by the Dublin store in October 2013.
The Tribunal is satisfied that the appellant’s role became redundant in the context of a significant downturn in the respondent’s business leading to a need to restructure after all other reasonable options had been explored. The Tribunal is further satisfied that there was no alternative role available for the appellant.
The appellant was not unfairly dismissed but was made redundant in circumstances where the situation was difficult for all involved.
In the circumstances the appeal under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal