EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Rory O'Shea RP584/2014
OS Sheet Metal Limited (Liquidation/Receivership)
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony B.L.
Members: Ms M. Sweeney
heard this appeal in Cork on 25 September 2015
No legal or trade union representation
No attendance or representation
The decision of the Tribunal was as follows:-
The appellant claimed that his employment with the respondent company, which commenced on 9 October 1989, ended by reason of redundancy.
The appellant commenced employment with his father’s company in October 1989. The accountant who had worked in the company gave evidence that the company was facing difficulties in 2013 and that the appellant had some difference of opinion with his father, the managing director (MD) of the company as to how the company should be run.
The appellant’s evidence was that he made a delivery on or around 7 June 2013 and on his return to work thereafter MD asked him to hand over his keys and leave. He was given no reason whatsoever then or since for his summary dismissal. All the other 22-24 employees were kept on. He asked for a redundancy payment and MD told him he would think about it but had never got back on to him after that. He had been advised by his solicitor that he could bring an unfair dismissal claim against the company but he did not want to drag his father through the courts. The appellant set up his own business and the accountant now works in the appellant’s business. The respondent went into liquidation in May 2014. The appellant had been a non-shareholding director.
The Tribunal is satisfied that the respondent was duly notified of the hearing but failed to attend at it.
The evidence before the Tribunal is that the claimant was summarily dismissed without fair or any procedures but for family reasons he did not wish to “drag his father through the courts”. There is no evidence before the Tribunal that the termination of the appellant’s employment was by reason of redundancy. On this basis, the Tribunal cannot make an award under the Redundancy Payments Acts, 1967 to 2007. Thus, the appeal fails.
Sealed with the Seal of the
Employment Appeals Tribunal