EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Joan Gilmore (appellant) RP1047/2012
against
Personal Representative of Aida O'Gorman T/A Balrath Post Office,
(respondent)
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Taaffe
Members: Mr. T. O'Sullivan
Mr N. Dowling
heard this appeal at Trim on 18th February 2014
Representation:
_______________
Appellant(s) : Ms Mary Smith, Meath Citizens Information Service, Floor 2,
1 Cannon Row, Navan, Co Meath
Respondent(s) : Mr Mark Kelly, McDowell Purcell, The Capel Building, Mary's
Abbey, Dublin 7
The decision of the Tribunal was as follows:
The Tribunal carefully considered the evidence adduced both verbal and written.
It is satisfied and finds and determines that the appellant’s employment was vested initially in the late Aida O’Gorman and subsequently in her husband Thomas O’Gorman, whom it is found and determined operated the “An Post” licence on behalf of the estate of the late Aida O’Gorman until its contractual expiration.
It is additionally satisfied and finds and determines that (a) the subsequent employment of the appellant in a post office in a different location by a new employer, who was selected and contracted by An Post, was not a transaction that was connected to or formed part of a transfer of a financial entity from her previous employer to her new employer (b) there did not constitute or represent a transfer of undertaking of permanent employment (TUPE) (c) that an entitlement to redundancy is vested in the appellant.
The Tribunal finally finds and determines in the absence of the production of a grant of representation to the estate of Aida O’Gorman deceased, that the title of the respondent shall be described as “The estate of Aida O’Gorman deceased”.
The appellant is entitled to a redundancy lump sum under the Redundancy Payments Acts, 1967 to 2007, based on the following information:
Date of birth:
Date of commencement: 8 September 2006
Date of termination: 1 October 2011
Gross weekly pay: €366.05
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)