EMPLOYMENT APPEALS TRIBUNAL
Ray Deverlux T/A R.M.D Cleaning
UNFAIR DISMISSALS ACTS 1977 TO 2015
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr E. Murray
Members: Mr D. Hegarty
Mr D. McEvoy
heard this claim at Cork on 12th January 2017
Claimant: Mr. Noel Murphy, National Secretary, Independent Workers Union, 55 North Main Street, Cork
Respondent: In person
It was common case that at Transfer of Undertakings took place on 2nd June 2015, with the named respondent being the new employer. The contract under which the claimant had been working contained a retirement age of 65 but the former employer allowed her to work on, well past her retirement date.
Her new employer RD also had a clause in their contract providing that employees must retire at 65. The claimant was told that her new contact would be for 3months only and that she would have to retire on or before 1st September 2015. RD told the Tribunal that he had spoken to her and explained that he would let her work a further three months. The Claimant signed the new contract on 3rd June 2015.
The Claimant transferred to the new employment subject to the terms and conditions that she previously had with her former employers. This included a requirement to retire at 65
The Tribunal finds that the respondent acted reasonably in their dealings with the claimant. The respondent provided the claimant with a gratuitous three months of employment and were entitled to rely on the retirement provision.
The Tribunal finds that the claimant was not unfairly dismissed. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal