RP901/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                            CASE NO.

                                                                                                                                    RP901/2012 Employee            - appellant

Against

Employer          - respondent

under

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. E. Daly B.L.

Members:     Mr. D. Morrison

                   Ms. R. Kerrigan

heard this appeal at Letterkenny on 15th November 2013

Representation:

Appellant(s) :    In Person

Respondent(s) : Mr. Donough Cleary, Cleary & Co, Solicitors, The Diamond, Raphoe,

               Co Donegal

The decision of the Tribunal was as follows:-

Background:

The appellant commenced employment with the respondent on the 19^th March 2004. The respondent ceased trading on the 31^st July 2011 and the new owner (DR Ltd) took over the premises. All staff, including the appellant, remained working for DR Ltd. The premises was closed for a short period while cleaning and the change in signage took place. The appellant was interviewed for a position of the 2^nd August 2011. She had no contract of employment.

Determination:

The Tribunal have carefully considered the issues in this matter and find that a transfer of undertakings took place between the respondent and the new owner. The appellant’s position was not made redundant.

Accordingly, the Tribunal finds that no redundancy took place in the matter and therefore the appeal under the Redundancy Payments Acts, 1967 to 2007 fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)