Coakley v Agb Electrical Contractors Ltd [EAT]

 
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EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD2272/2010

CLAIM OF:

Finbarr Coakley, 3 Doyle Road, Turners Cross, Cork
and
Agb Electrical Contractors Limited, Unit 5, Myler Industrial Estate, Ballincollig, Co Cork
Representation:

Claimant: Mr Jerome O'Sullivan, J W O'Donovan, Solicitors, 53 South Mall, Cork

Respondent: In person

Respondent's Case:
1

The Tribunal heard evidence from one of the directors of the respondent. The claimant worked as a foreman electrician. The work diminished by 25% in 2009. At some time in 2009 the claimant phoned the respondent and told them that he had no work to do for that week and none for the following week. They did not have enough work for the claimant. Two of their clients told them that they would not have enough work. The claimant was spending a lot of time trying to find work to do or to get work from clients.

2

The company did employ an estimator who priced work. The estimator left the employment and they did not replace him. At a meeting the claimant told them that there was not enough work for another worker and himself. They told him that they would try to keep both jobs intact. The claimant told them quite clearly that he would not work (solely) as an electrician. The claimant would not go to another named client location. The claimant wanted to stay in the location as foreman. They told the claimant that they had no work for a foreman.

3

The claimant had worked for them for 37 years. They were generous to the claimant and paid his VHI and FFP (Friends First Pension). At the meeting he and the other director told him that they could not afford to pay him. The claimant told them that he did not care about the extras and that he did not want to go back to an electrician rate. They told him that the only option was to make him redundant. The claimant said that he would accept redundancy and this surprised the directors.

4

After some time the claimant asked to be paid redundancy. The company told him that they would process the paperwork. After some time they processed the claimant's redundancy. The claimant never complained once about being made redundant and he never questioned the redundancy

5

The Company felt that they had no choice as the claimant did not want to work as an electrician and they had no position for a foreman; they had a position as an electrician and he...

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