O'Neill v O'Brien [EAT]

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 08 December 2011
• Judgment citation (vLex): [2011] 12 JIEC 0803
• Docket Number: UD1124/2010
• Date: 08 December 2011

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD1124/2010

CLAIM OF:

Bernadette O'Neill, Russellstown Cottage, Russellstown, Mullingar, Co Westmeath

and

D O'brien & E Finnerty T/a Auburn Veterinary Hospital, Auburn Road, Mullingar, Co Westmeath

Representation:

Claimant: Buckley & Company, Solicitors, 14 St Loman's Terrace, Mullingar, Co Westmeath

Respondent: Mr. Michael O'Sullivan, HR Advisor, Arra Hrd Limited, Castlelost West, Rochfortbridge, Co Westmeath

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal (Division of Tribunal)

Chairman: Mr T. Ryan

Members: Mr P. Pierson

Mr J. Moore

heard this claim at Mullingar on 8th December 2011

Respondent's Case:

1 The respondent company operates a veterinary practice as a sole trader.

2 It is run by two business partners. It was the respondent's case that the claimant had been fairly selected for redundancy.

3 EF one of the business partners in his evidence stated that the business operated with both partners, 2 assistants, 2 nurses, 2 receptionists a pro-active manager and a testing clerk.

4 Due to the economic climate things got tight and the nurses and receptionists were put on a 3 day week. One receptionist went on maternity leave and did not return to work. Work resumed to a 5 day working week...