EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Linas Lopeta, - appellant RP306/2013
MN210/2013
Against
Liffey Valley Security Services Limited (In liquidation) - respondent
under
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: Ms N. O'Carroll-Kelly B.L.
Members: Mr. N. Ormond
Mr F. Keoghan
heard this appeal at Dublin on 4th April 2014
Representation:
Appellant(s) : Ms Elizaveta Donnery,
Donnery & Co, Solicitors, 57 Clontarf Road, Clontarf, Dublin 3
Respondent(s) : no appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
Determination
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent.
The Tribunal heard the uncontested evidence of the appellant. He commenced employment in May 2008. In November 2012 his manager informed him that a new owner was taking over the business. He was on holiday at the time but returned to the same job. He wrote to the original employer and received no response. He never received any communication from the new owners regarding a transfer of undertaking. The appellant left his employment voluntarily in November 2012.
In circumstances where the appellant left employment voluntarily the Tribunal find that a redundancy situation did not exist and therefore the claim under the Redundancy Payments Acts, 1967 to 2007 and Minimum Notice and Terms of Employment Acts, 1973 to 2005 are dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)