C & F Automotive Ltd Iralco v Lina Slomskiene (Represented by John P Prior & Company Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 26 February 2018
• Judgment citation (vLex): [2018] 2 JIEC 2604
• Date: 26 February 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.UDD1816 ADJ-00004403 CA-00006251-001
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

UD/17/168

DETERMINATION NO.UDD1816

ADJ-00004403 CA-00006251-001

PARTIES:

C & F Automotive Limited Iralco

and

Lina Slomskiene (Represented by John P Prior & Co Solicitors)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Doyle

Worker Member: Mr McCarthy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No: ADJ-00004403 CA-00006251-001

BACKGROUND:

2 2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 24 November 2017 in accordance with Section 8(A) of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 20th February 2018. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by Ms Lina Slomskiené against the decision of an Adjudication Officer under the Unfair Dismissals Act 1977 – 2015 in her claim of unfair dismissal against her former employer, C&F Automotive Limited t/a Iralco. The Adjudication Officer held that the Complainant was unfairly dismissed and awarded her the sum of €8,000.

4 For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Lina Slomskiené will be referred to as “the Complainant” and C&F Automotive Limited t/a Iralco, will be referred to as “the Respondent”.

5 The Complainant referred her case to the Workplace Relations Commission on 26 ^th July 2016. The Adjudication Officer issued his Decision on 17 ^th November 2017. On 24 ^th November 2017, the Complainant appealed the Adjudication Officer's Decision. The appeal came before the Court on 20 ^th February 2018.

6 The Respondent submitted that the Complainant was dismissed by reason of redundancy. The Adjudication Officer held that the onus of proving that the Complainant was fairly dismissed by virtue of fair selection for redundancy had not been discharged by the Respondent and consequently held that the Complainant was unfairly dismissed. The Appeal before the Court is solely on the basis of the amount of compensation awarded. Based on her assessment of losses she seeks the sum of €25,465.00.

Background

7 The Complainant commenced employment as a General Operative on 8 ^th September 2014 and was dismissed on 10th June 2016, when her role was made redundant. She was paid €486.36 gross per week.

Position of the Parties

8 Mr Thomas Harrington, Legal Advisor on behalf of the Respondent, furnished a detailed submission to the Court outlining the Respondent's position on the reasons for the termination of the Complainant's employment due to redundancy. He explained that due to a...