RP14/2012

EMPLOYMENT APPEALS TRIBUNAL

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms E. Kearney BL

Members:     Mr B. O’Carroll

                     Ms H. Henry

heard this appeal at Galway on 9 October 2013

Representation:

Appellant:    

         Mr John Carty, Mandate Trade Union, Mary Street, Galway

Respondent:

          Ms Vanessa Fitzpatrick, ESA Consultants, The Novum Building,

           Clonshaugh Industrial Estate, Dublin 17

The determination of the Tribunal was as follows:

Determination:

The appellant worked as a beauty therapist in a major department store (the store) in Galway from July 2005. The operation in the store consisted of a beauty counter within the store until in February 2011 when the claimant and her colleague were told by the respondent’s sales manager (SM) that the counter was no longer going to operate within the store as a result of the termination of the respondent’s contract with the store.

The respondent’s position was that the appellant was not their employee; rather she was an employee of the store such that any responsibility under the Redundancy Payments Acts fell to the store. The appellant produced a letter from the respondent’s then human resource manager dated 15 July 2005 confirming the offer of a position with the respondent based in the store from 18 July 2005. This letter refers to a contract of employment which the appellant opened to the Tribunal. Furthermore, after the counter closed, the managing director of the respondent wrote to the appellant outlining her entitlements under the Redundancy Payments Acts.

For all these reasons the Tribunal is satisfied that the claimant was employed by the respondent and that she was dismissed by reason of redundancy. Accordingly, the Tribunal finds that the appellant

is entitled to a lump sum payment under theRedundancy Payments Acts, 1967 to 2007 in accordance with the following criteria.

This award is made subject to the appellant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)