This article is from page 16 of the 2008-08-19 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG
A KILRUSH man who claimed that he had been dismissed by a Kilmihil construction company was instead made redundant, an Employment Appeals Tribunal found.
Tony Killeen, Shragh, Kilrush, took a case against LM Keating, Kilmihil, after he was let go from the company in April 2007. He gave evidence that he began working for the respond- ent as a teleporter driver in August 2003. His first construction site was in Kilmihil, but he also worked on other sites as a general labourer. He drove a dumper and did a lot of snag- ging on other sites, he said.
Construction work continued to be carried out on other sites after he was dismissed and he was not offered employment on these sites. The tel- eporter that he operated continued to be operated by other employees after
he was dismissed, he claimed.
A construction director with the re- spondent company told the tribunal it has a total workforce of approxi- mately 90 employees of which 30 are employed in construction.
The witness gave evidence that the claimant was employed as a teleport- er driver and it is the policy of the company to assign teleporter drivers to a specific teleporter, to develop expertise and to foster good practice TparcNDel Red at-b Aeon
Construction work finished in Kilmihil in April 2007 and the claimant was made redundant as no vacancies existed on that site or any other site for a teleporter driver.
The tribunal made a majority deci- sion that the claimant was dismissed by reason of redundancy and said it was “satisfied that a genuine redun- dancy situation existed and he was fairly selected for redundancy”.