EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
EMPLOYEE UD2281/2010
- Appellant RP3080/2010
Against
- EMPLOYER Respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr D. Moore
Mr N. Dowling
heard this claim at Naas on 31st July 2012
Representation:
Claimant:
Respondent:
Determination
The Tribunal heard evidence from the appellant who explained that she commenced working for the respondent company in July 2006 as a member of the bar staff. In May 2010 the appellant was approached by her manger, LE, who informed her that she was being let go because of a reduction in business. The appellant approached her manager a few days later to enquire about her redundancy entitlements. Her manager told her that she was not being made redundant but rather was being dismissed because her heart was not in the job.
A representative for the receiver, PB, appointed to the respondent company told the Tribunal that he was confident that the claimant was not replaced within the company after the termination of her employment.
Determination
Based on the evidence adduced at the hearing the Tribunal finds that a genuine redundancy situation existed. Accordingly, the Tribunal finds that the appellant is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following criteria:
Date of Birth: 3 January 1984
Date of Commencement: 17 July 2006
Date of Termination: 27 May 2010
Gross Weekly Pay: €434.50
This award is made subject to the appellant having been in employment which is insurable for all purposes under the relevant Social Welfare Acts.
The claim under the Unfair Dismissals Acts 1977 to 2007 fails and is hereby dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)