EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Christopher Leach UD1248/2013
JRC Recruitment Limited (Respondent name change as of the 24th of April 2014 from Arcon Recruitment Limited) -respondent
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr M. Gilvarry
Members: Mr. D. Morrison
Mr T. Gill
heard this claim at Castlebar on 2nd December 2014
Claimant: Ms Martina Weir, SIPTU, Member Information & Support
Centre, Liberty Hall, Eden Quay, Dublin 1
Respondent: No appearance or representation on behalf of the respondent
Summary of Evidence
The named respondent changed their name from Arcon Recruitment Limited to JRC Recruitment Limited on the 24th of April 2014. Mrs Michelle Barrett and Mr Jonathan Jennings are the two Directors of the Company.
The case is being made that the claimant’s employer was not Arcon Recruitment Limited but Arcon Recruitment (without the limited). Arcon Recruitment is a business name owned by a Mr. Sylvester Jennings (husband of Michelle Barrett).
Ms Ita Feeney of JV Geery Solicitors is representing Arcon Recruitment but not the named respondent Arcon Recruitment limited.
The premises and management of both Arcon Recruitment Limited and Arcon Recruitment are the same. The respondent returned the T2 form to the Tribunal without amending the respondent title. At a previous Rights Commissioner hearing under the Terms of Employment (Information) Acts, 1994 and 2001, the respondent, accepted that they were the claimant’s employer and paid the award made to the claimant.
The claimant commenced employment as an emergency medical controller for the HSE in September 2006 and was in continuous employment until he went on sick leave from March 2011 to March 2013. His employment terminated in March 2013. He requested to return to work but was informed that there was no work available for him. He refused to sign a document stating he made himself redundant.
Ms Michelle Barrett gave evidence that as a Director of Arcon Recruitment Limited she did not employ the claimant. Her husband Mr Sylvester Jennings operates Arcon recruitment as a sole trader.
The Tribunal in this case was presented with uncontradicted evidence from the claimant that he had been dismissed and that his dismissal was unfair. The Tribunal however had then to determine who in fact was the claimant’s employer.
The respondent in this case, Arcon Recruitment Limited (now JRC Recruitment Limited) was unrepresented and the Tribunal had the highly unusual situation of a solicitor for a third party attending and seeking to convince the Tribunal that her own client was in fact responsible.
A director of the respondent Ms Michelle Barrett attended but failed to disclose until questioned that this third party was in fact her husband Sylvester Jennings and was unable to satisfactorily explain to the Tribunal why this defence had not been raised beforehand, more particularly in the form T2 filed by the respondent, which was sent to the Tribunal. She was also unable to enlighten the Tribunal as to why an earlier complaint to the Rights Commissioner against the respondent and brought by the claimant was not defended on this basis, and indeed why an award to the claimant by the Rights Commissioner was paid by the respondent. Finally the Tribunal noted that the address shared by Ms Barrett and Mr Sylvester Jennings also appeared to be the respondent’s address.
The Tribunal found Ms Barret’s evidence entirely incredible and determines that the respondent Arcon Recruitment Limited (now JRC Recruitment Limited) was the claimant’s employer
The Tribunal find that the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and awards the claimant €24,950.00 in compensation against Arcon Recruitment Limited (now JRC Recruitment Limited).
Sealed with the Seal of the
Employment Appeals Tribunal