EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Lakelands Nursing Home Limited
- appellant
PE1-PE9/2013
against the recommendation of the Rights Commissioner in the case of:
Josephine Costelloe
– respondent No 1
Natalie Mannion
– respondent No 2
Ruth Mulkerrins
– respondent No 3
Marie Comer
– respondent No 4
Deirdre Corrigan
- respondent No 5
Ann Finnerty
– respondent No 6
Dympna Sylver
– respondent No 7
Kitty Brett
– respondent No 8
Kathleen Treacy
– respondent No 9
under
EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYMENT) REGULATIONS 2000
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. E. Kearney BL
Members: Mr. W. O'Carroll
Ms H. Murphy
heard this appeal at Galway on 26th February 2014
Representation:
_______________
Appellant(s) : In Person (Director of appellant company)
Respondent(s) : Mr Paul Hardy, SIPTU, Health Division, Liberty Hall, Dublin 1.
This case came before the Tribunal by way of an appeal by the employer (appellant) against the recommendation/decision of the Rights Commissioner:
ref: (r-121482,84,85,87,493,494,496,497,123003-pe-11) under the European Communities (Protection of Employment) Regulations, 2000
Summary of Case
Representative for the respondents submitted that the closure of the appellant’s nursing home business resulted in a collective redundancy situation for all employees. The employees had no voice in the decision and no consultancy process took place between the employer and the employees. The employer also refused to meet with the employees’ representative in relation to the matter despite several reminders that there was a requirement on the employer to consult with the employees.
A director of the appellant company gave evidence that the company had a responsibility to provide care to its residents under the Health Act 2007. As soon as it could no longer meet its obligations under the Health Act the company met with the relevant authority (HIQA) and an agreed closure date of 6 December 2011 was arranged. All employees were informed of the proposed closure at a meeting convened on 28 October 2011. No consultation took place with the employees as it was an emergency situation and the closure could not be reversed. All employees were made redundant.
Determination
The Tribunal is satisfied that the statutory obligation contained in section 9 of the 1977 Act as
amended was breached by the appellant employer in this case. The employer informed all employees on 28 October 2011 of the enforced agreement with (HIQA) to close the nursing home on 6 December 2011 and that this decision was a final decision.
Thereafter the employer could have engaged in the consultative process, but failed.
The Tribunal accepts that the breach was technical in nature only, in that consultation would not have changed the actual outcome in any way as envisaged by section 9 (2) of the Act. Therefore the Tribunal finds that the complaint is well founded and considers it just and equitable to award each of the respondents one weeks’ remuneration as provided for in Regulation 6 (2) (c) of the European Communities (Protection of Employment) Regulations 2000.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)