EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE UD2033/2011
RP2610/2011
MN2058/2011
against
EMPLOYER
Under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr L. Tobin
Mr P. Trehy
heard this claim at Dublin on 5th July 2013
Representation:
_______________
Claimant:
Respondent: No appearance by or on behalf of the respondent
Summary of Evidence:
The claimant told the Tribunal that after a period of annual leave she telephoned the respondent and was told there was no work but to wait for their call. This annual leave was in October 2011. Nobody ever contacted her. She was unaware of her last pay date.
The claimant’s T1A to the Tribunal was dated 10th October 2011.
Asked by the Tribunal if the signature on an RP 9 was hers she said no, and then yes that she did sign it. The RP9 sited lay off or short- time from 1st April 2011 to 10th October 2011 and was also dated the 10th October 2011.
Determination:
The Tribunal is not satisfied that Section 13 of the Redundancy Payments Acts 1967 to 2007 was complied with and as such cannot find that the claimant was made redundant. No evidence was adduced under the Unfair Dismissals Act 1977 to 2007 or the Minimum Notice and Terms of Employment Acts 1973 to 2005. The claims therefore fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)