EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Tomasz Kusnierz UD1710/2013
Central R Group Management Limited
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. C. Corcoran BL
Members: Mr. W. Power
Ms. E. Brezina
heard this case in Dublin on 7April 2015
Mr. William Kelly BL instructed by
O’Hanrahan & Company, Solicitors,
71 Ballybough Road, Dublin 3
Ms. Jackie Harte, Peter Duff & Co., Solicitors,
34 Main Street, Blackrock, Co Dublin
The determination of the Tribunal was as follows:-
Claims were lodged on behalf of the claimant, a branch manager, under unfair dismissal and redundancy legislation in respect of employment from 24 November 2011 to 25 November 2013. It was alleged that, on 11 November 2013, he was advised that his employment was terminated by reason of redundancy but that the respondent subsequently hired another employee (AOG). Employees were required to be flexible in their work and the claimant was prepared to undertake such other work as would have been assigned from time to time by the respondent. The claimant also believed that the respondent acted strategically in dismissing him a few days before he had completed two years’ service. He did not accept that this had been a valid redundancy.
The respondent lodged a notice of appearance disputing the claims but did not offer any witness testimony when a solicitor appeared alone at the Tribunal hearing.
On the uncontested evidence of the claimant, the Tribunal, allowing the claim under the Unfair Dismissals Acts, 1977 to 2007, deems it just and equitable in all the circumstances of the case to award the claimant compensation in the amount of €43,188.00 under the said legislation.
The appeal under the Redundancy Payments Acts, 1967 to 2007, falls because the Tribunal made an award under unfair dismissal legislation.
Sealed with the Seal of the
Employment Appeals Tribunal