EMPLOYMENT APPEALS TRIBUNAL
Noonan Services Group Limited
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms B. Glynn
Members: Mr. D. Morrison
Mr T. Gill
heard this appeal at Castlebar on 15th November 2016
Appellant: Ms. Martina Weir, SIPTU, Workers Rights Centre, Liberty Hall, Eden Quay, Dublin 1
Respondent: Mr Gareth Kyne, Management Support Services, The Courtyard, Hill Street, Dublin 1
The decision of the Tribunal was as follows:-
At the outset the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005 was withdrawn.
In this case sworn evidence was adduced by the appellant and the Operations Manager from the respondent company.
The Appellant gave evidence that he was a Security Officer for the Respondent for upwards of fourteen years and in February 2015 was approached by his Manager who told him that he was terminating his employment with them as the Company for whom they were working, intended hiring their own security. He finished work on the 28th of February 2015.
He gave evidence of alternative work offers he received from the Respondent but due to either health issues, the location of the work or the hours of work, he was unable to accept any of the offers. The Appellant gave evidence that the Respondent was aware of his health issues.
The Appellant did not produce any medical witnesses to give evidence in relation to his health issues.
The Respondent’s representative argued that the Appellant’s Contract contained a clause stating that he could be asked to work in different locations or work different hours, at his employers request but was unable to produce this Contract. Indeed, the Respondent’s representative informed the Tribunal that he was furnished with a copy of this Contract. He also informed the Tribunal that the respondent was unaware of the Claimant’s health issues but there was no evidence furnished from the Respondent in relation to same.
The Respondent produced only one witness, the Operations Manager, who, while giving evidence on general matters within the Company, was unable to assist the Tribunal in relation to the case before them.
Having heard the evidence of both sides AND based on the evidence furnished at the hearing of the matter, the Tribunal are of the opinion that the Appellant’s claim for redundancy must succeed.
Accordingly the Tribunal awards the appellant a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of Commencement: 10 August 2001
Date of Termination: 28 February 2015
Normal Weekly Remuneration: €434.85
Non-reckonable Service: Nil
This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
Sealed with the Seal of the
Employment Appeals Tribunal