RP1154/2012

EMPLOYMENT APPEALS TRIBUNAL

REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms N. O’Carroll-Kelly BL

Members:     Mr N. Ormond

                     Mr J. Flannery

heard this appeal at Tullamore on 20 March 2014

Representation:

Appellant:

                    Ms Alison Hough BL instructed by Ms Jane Farrell,

         Farrell & Partners Solicitors, O’Connor Square,

         Tullamore, Co. Offaly

Respondents:

         No appearance or representation on behalf of the respondent

The determination of the Tribunal was as follows:

Determination:

Being satisfied that the respondent was properly on notice of the hearing the Tribunal finds, based on the uncontroverted evidence, that the appellant was, along with the other staff of the respondent, laid off following the temporary closure of the respondent’s crèche on health and safety grounds as and from 11 June 2012.

This period of lay-off was confirmed by letter of 11 June 2012 and extended by further letters on 5 July and 3 August 2012. On 7 September 2012 the respondent wrote to other members of staff to give notification of termination of their employment due to the closure of the crèche. When the appellant enquired as to why she had not received a letter of termination by reason of redundancy she was told by the respondent that this was because she had resigned from her employment on 6 September 2012 when requesting her P45.

When an employee is laid off they are entitled to seek alternative work without it affecting the status of their employment with the party which laid them off. There is no evidence to suggest that the appellant resigned on 6 September 2012. Accordingly, the Tribunal is satisfied that the appellant was still an employee of the respondent on 7 September 2012 when the other employees received their notice of termination and was therefore dismissed by reason of redundancy and is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria

There was a period of non-reckonable service, by reason of lay-off, from11 June 2012 until the end of the employment. This award is made subject to the appellant having been in insurable employment under the Social Welfare Consolidation Act, 2005 during the relevant period.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)