EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
RP843/2012
Employee - claimant UD1099/2012
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 R. Maguire, B.L.
Members: Mr. J. O'Neill
Mr T. Brady
heard this claim at Dublin on 8th January 2014
Representation:
____________
Claimant(s):
Mr James Egan BL instructed by Mr. Pearse Duffy, Sean T O'Reilly Solicitors,
Bantry House, 2-3 Jocelyn Street, Dundalk, Co. Louth
Respondent(s) :
The liquidator in person
The determination of the Tribunal was as follows:-
Claimant’s Case
The claimant told the Tribunal that she commenced work with the respondent as a full time fitness instructor in August 2006. The respondent had three units, a gym, retail unit and a football pitch. In February 2012 the retail area closed. Restructuring took place and positions were going to be eliminated. The only alternative for the appellant was a part time job which she could reapply for and work 20 hours per week. Her rate of pay was going to be reduced from €10.75 an hour to the minimum wage. She had bills to pay and she was very concerned.
She applied for voluntary redundancy and she was told that her job still existed. All full time positions were eliminated in the respondent and she was a full time instructor for six years. She obtained alternative employment on a cruise ship on the 3 June 2012. She left this job after a week as she was not paid.
Determination
On the uncontroverted evidence of the claimant the Tribunal finds that the offer of alternative employment had different terms and conditions and was not a suitable alternative. The claimant is therefore entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:-:
Date of birth 11 November 1972
Date employment commenced 21 August 2006
Date employment ended 01 June 2012
Weekly Gross pay €520.72
As a redundancy situation existed the appellant is not entitled to an award under the Unfair Dismissals Acts, 1977 to 2007 and the claim fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)