EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE – appellant RP2932/2011
against
EMPLOYER – respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
(Division of Tribunal)
Chairman: Ms P. McGrath BL
Members: Mr A. O’Mara
Mr G. Whyte
heard this appeal at Dublin on 22nd August 2013
Representation
Appellant: In person
Respondent:
The decision of the Tribunal was as follows:-
The representative for the respondent told the Tribunal that in his view the appellant was not entitled to a redundancy payment because there had been a break in her service. The appellant had commenced working for the respondent in 2007. In August 2011 she resigned her position and went to work elsewhere. Then in September 2011 she was offered and accepted a different position at a different location with the respondent. Unfortunately due to a decline in business the appellant was let go in November 2011.
Appellant’s Case
The appellant told the Tribunal had been unhappy with her working hours with the respondent and she sought and found another position. She resigned her position with the respondent and was given, at her own request, her p.45. She was contacted by her ex-employer who indicated a new vacancy at a different location better suited to the claimant’s needs. The claimant took up this position. The claimant was subsequently made redundant from this position.
Determination
The Tribunal is satisfied that the appellant voluntarily left her employment with the respondent in August 2011 and thereby broke her own service. The Tribunal finds that the appellant was made redundant but she is not entitled to a redundancy lump sum under the Redundancy Payments Acts 1967 to 2007 because her service from September to November 2011 does not fulfil the service requirement necessary under the Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)