Leen v Henry Denny & Sons Ireland Ltd

• Jurisdiction: Ireland
• Judgment Date: 06 December 2007
• Judgment citation (vLex): [2007] 12 JIEC 0602
• Date: 06 December 2007
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: Leen (claimant) v Henry Denny & Sons Ireland Ltd (respondent)

Representation:

Claimant:

Mr. Paul Depuis, Assistant Organiser, S I P T U, Connolly Hall, Upper Rock Street, Tralee, Co. Kerry

Respondents:

Ms. Miriam O'Sullivan, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2

Abstract:

Employment law - Unfair dismissal - Preliminary issue - Requisite service - Temporary contracts - Whether claimant had requisite service - Unfair Dismissals Acts 1977 to 2001 - Redundancy Payments Acts 1967 to 2003 - Minimum Notice and Terms of Employment Acts 1973 to 2001

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP596/2006

UD 1169/2006

MN766/2006

CLAIMS OF:

James Leen, Raemore, Kielduff, Tralee, Co. Kerry

Against

Henry Denny & Sons Ireland Limited, Rackett Lane, Tralee, Co Kerry

Kerry Group Services Limited, Rackett Lane, Tralee, Co. Kerry

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2001

REDUNDANCY PAYMENTS ACTS, 1967 TO 2003

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Ms. K. T. O'Mahony B.L.
Members:	Mr. M. Forde
	Mr D. McEvoy

heard this claim at Killarney on 6th December 2007

Facts The respondent supplied meat products for the retail trade. The claimant was employed under a number of temporary contracts. At the beginning of each employment period, a written temporary contract of employment was signed by both the claimant and the respondent but apart from the first contract there was no stipulation in the contracts that the Unfair Dismissals Acts were not to apply. The respondent raised a preliminary issue as to whether the claimant had the requisite service to institute either an unfair dismissal claim under the Unfair Dismissals Acts or an appeal under the Redundancy Payments Acts.

Held by the Tribunal in dismissing the claimant's claim that the relevant period of employment was the claimant's employment from the 7^th March, 2006 to the 15^th May, 2006 which was less than one year's continuous employment. Accordingly, the Tribunal had no jurisdiction to hear a claim under the Unfair Dismissals Acts. The claimant did not have the requisite service to lodge a redundancy appeal.

The determination of the Tribunal was as follows:-

Preliminary Issue

1 The respondent raised preliminary issues as to whether the claimant had the requisite service to institute either an unfair dismissal claim under the Unfair Dismissals Acts or an appeal under the Redundancy Payments Acts.

2 The respondent supplies meat products to the retail trade. There are four main departments in its business. The respondent'sReady To Cook department produces product for the U.K. market. Its Consumer Packing Department provides meat joints to some of the main retailers in the Irish Market; demand for these products is driven by promotions in the stores and holiday periods. Due the nature of the workload the respondent employs many workers on temporary contracts to cater for the increased demand in the holiday periods and the promotions in the main retailers.

3 The respondent employed the...