EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Mary Sheehan, RP899/2012
against
Cunningham Walsh & Associates,
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr W. O'Carroll
Ms H. Henry
heard this appeal at Limerick on 2nd May 2014
Representation:
Appellant: Nelius Kennedy, Private HR Consultant, 87 Richmond Park, Corbally, Limerick
Respondent In person
The decision of the Tribunal was as follows:-
Background:
It was common case between the parties that the appellant commenced employment with the respondent in September 2006. The appellant’s employment with the respondent ended by reason of redundancy in June 2012. The dispute between the parties arose in relation to whether or not the appellant’s redundancy should be based on a three day or a five day week.
The Tribunal heard evidence from both parties in relation to this issue. The three day week commenced in October of 2010 and the respondent gave evidence of never having been contacted directly by the appellant until after a RP 50 form issued in June of 2012. Evidence of the correspondence between the parties was provided and the appellant told the Tribunal that she had only ever dealt with a girl in HR seeking a return to full time employment. She did not speak directly to the respondent as speaking to him would have been too upsetting.
Determination:
The Tribunal is satisfied from the evidence presented, that the appellant had been on a three day week for a considerable period of time and while the Tribunal has every sympathy for the appellant, the Tribunal finds that the period of service and hours worked, used to calculate the redundancy payment, was correct.
The appeal under the Redundancy Payments Acts, 1967 to 2007 is therefore dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)