EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE,
– appellant RP1267/2012
Against
EMPLOYER - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B.L.
Members: Mr J. Horan
Mr N. Dowling
heard this appeal at Dublin on 13th August 2013
Representation:
Appellant(s) : In person
Respondent(s) : In person
The decision of the Tribunal was as follows:-
Summary of Evidence
The respondent gave evidence of employing the appellant as a cleaner on the 14 May 2007. The appellant went out on sick leave from the 6 June 2009. She remained out on sick leave and in June 2012 the respondent wrote to her requesting a date she would return and a medical certificate certifying her fit to return. Her doctor indicated that a date of return could not be predicted at that time. During August 2012 meetings and discussions were arranged with the appellant. She was given time to consider if she would return to work. The appellant failed to provide any certified medical evidence of being fit to return to work and failed to communicate her decision to the respondent. In a letter dated 20 September 2012 which included her P45 her employment was terminated. Soon after a contract cleaning company was hired to carry out the appellant’s job.
The claimant wished to continue in employment however due to a medical condition was out on sick leave from June 2009. She was unable to get certified fit to return to work and attended a number of hospitals and doctors. The working environment was unhealthy. While on sick leave she returned medical certificates regularly. The appellant denied ever receiving letter dated 20 September 2012 from the respondent but did receive her P45. Following receiving her P45 she sought redundancy.
Determination
The Tribunal considered the evidence adduced at the hearing. There was no evidence a redundancy situation existed. The Tribunal is satisfied that the appellant was not made redundant. Accordingly, the claim under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)