EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Green Isle Foods (Portumna)
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr. W. O'Carroll
Ms H. Murphy
heard this claim at Galway on 8th December 2014
Claimant(s) : In Person
Respondent(s) : Ms. Roisin Bradley, IBEC, Confederation House, 84/86 Lower
Baggot Street, Dublin 2
At the commencement of the hearing the respondent’s representative opened to the Tribunal a copy of a redundancy agreement signed by both parties. This agreement dated 28 January 2013 confirmed that statutory redundancy, ex-gratia redundancy and pay in lieu of notice had been made by the respondent company to the claimant.
Clause 6 of the agreement states:
“The employee agrees to accept the payments and benefits conferred by this agreement in full and final settlement of all claims whether of common law, European law, under statute or under the Constitution, which the employee may have or may have had arising from his employment and its termination, including but not limited to claims under the (i) The Redundancy Payments Acts, 1967-2007, (ii) The Minimum Notice and Terms of Employment Act, 1973-2003 and Terms of Employment (Information) Act, 1994-2004, (iii) The Unfair Dismissals Acts, 1977-2007, (iv) The Organisation of Working Time Act, 1997, (v) The Anti-Discrimination (Pay) Act, 1974, (vi) The Employment Equality Acts, 1998-2008, (vii) The Maternity Protection Acts, 1994-2004, (viii) The Adoptive Leave Act 1995-2005, (ix) The Paternal Leave Act 1998-2006 (x) The Payment of Wages Act 1991 (xi) Protection of Employees (Part-time Work) Act, 2001 (xii) the European Communities (Protection of Employees on Transfer of Employees) Regulations 2003, (xiii) the Protection of Employees (Fixed Term Work) Act 2003, (xiv) the Carers Leave Act 2001, (xv) the National Minimum Wage Act 2000 and the Safety, Health and Welfare at Work Act 2005 (xvi) the Industrial Relations Acts 1946 - 2004.”
Clause 11 of the agreement states:
“The employee confirms that this document has been read over to him and explained to him prior to his signing it and that he has had the opportunity to take independent legal advice with regard to the meaning and effect of his signing this document and that accordingly he both understands and accepts the contents of this document in full.”
The Tribunal, taking into account the aforementioned agreement in its entirety and in particular the above mentioned clauses, finds that it has no jurisdiction to hear the claim.
Sealed with the Seal of the
Employment Appeals Tribunal