EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD249/2015
CLAIM OF:
Brian McNamee
-claimant
Against
Ferdia Fine Foods Limited
-respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. L. Tobin
Mr. J. Dorney
heard this claim at Dublin on 9th March 2016
Representation:
_______________
Claimant: In Person
Respondent: No appearance or representation on behalf of the respondent
Determination
The Tribunal is satisfied that the respondent was properly on notice of this hearing, yet failed to attend. By letter of the 1st of March 2016 the respondent’s representative came off record and stated that there would be no attendance by the respondent.
The claimant worked as the production manager for the respondent from June 2006 until February 2015. A week before the claimant went on annual leave he was told that on his return himself and the operations manager would be re-structuring the production floor. There had been an offer of voluntary redundancy a few weeks previous to all staff. When the claimant returned from his holidays he was told he was being made redundant. There was no consultation or notice. The claimant and one other were made redundant. The claimant was capable of doing many other roles within the respondent business. The claimant gave evidence of his loss and attempts to mitigate his loss.
Based on the uncontested evidence of the claimant, the Tribunal find that he was unfairly selected for redundancy and that redundancy was affected without proper procedure. In the circumstances the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the claimant is awarded €38,077.00.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)