EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Jurij Prokopjev - appellant RP409/2013
MN300/2013
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) : 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 March 2007. In November 2012 his manager informed him that a new owner was taking over the business. The appellant remained on in employment under the new management and continues to work for the new owners.
In circumstances where the appellant remained on in employment when the business was taken over in November 2012 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)