Hughes v McHale Engineering Ltd [EAT]

• Jurisdiction: Ireland
• Judgment Date: 31 January 2012
• Judgment citation (vLex): [2012] 1 JIEC 3101
• Date: 31 January 2012
• Docket Number: UD1025/2010,MN1000/2010
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1025/2010

MN1000/2010

CLAIMS OF:

Noel Hughes, Dringeen, Cong, Co Mayo

and

Mchale Engineering Limited, Kilmaine, Co Mayo

Representation:

Claimant: The claimant in person

Respondent: Mr. John Barry, Management Support Services (Ireland) Limited, The Courtyard, Hill Street, Dublin 1

Under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005 UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Mr M. Gilvarry

Members: Mr. D. Morrison

Mr M. McGarry

heard this claim at Castlebar on 17th October 2011 and 31st January 2012

Respondent's case

1 The respondent is an engineering company engaged in the manufacturing of machine parts and components. The claimant was employed as a spray painter from 6 ^th March 2001 to 8 ^th February 2010.

2 There was a severe downturn in business from July 2009 to February 2010 and the respondent had to rationalise the business and reduced the staff by one third. However in March 2010 there was an improvement and some staff were taken on and one of these was assigned to the job that the claimant previously did. This remained steady until September 2010 when more staff were taken on and by 2011 the...