RP1095/2012, MN861/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                CASE NO.

Rachel Walsh                                                                                                  RP1095/2012

-          appellant                                                                           MN861/2012

against

Michael O Brien T/A Hotel Saltees    -           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 D. Donovan B.L.

Members:        Mr. J. Browne

                        Mr. F. Dorgan

heard this appeal at Wexford on 21st March 2014

Representation:

Appellant: In persons

Respondent: Mr. C. Dunleavey solicitor, Dunleavey solicitors,

Ross road, Taghmon, Co. Wexford

Background:

The claim under the Redundancy Payments Acts 1967-2007 was withdrawn as the redundancy lump sum had been paid from the Social Insurance Fund to the appellant.

The appellant gave evidence that she worked for the respondent from 26^th March 2007 to 30^th September 2012.   She said she was given notice on 28^th September 2012 which was a Friday.   She said she was not given any further notice nor was she paid in lieu of notice.

On cross-examination by the legal representative for the respondent the appellant disputed that there had been a meeting on 11^th September 2012 at which the employees were put on notice that the hotel would be closing down.   She said there had been a meeting on 1^st September but the issue of possible closure did not arise.  

Determination:

Having considered the evidence the Tribunal finds that the appellant was given notice of her dismissal by reason of redundancy on 28^th September 2012.     Accordingly, the claim under the Minimum Notice and Terms of Employment Acts 1973-2005 succeeds and the Tribunal awards the appellant an amount of €1,040.00, being pay in lieu of four weeks’ notice.  

The Tribunal accepts that the respondent did not act in bad faith but had no option but to close the hotel without delay.   The Tribunal further accepts that the respondent may have had a meeting on 11^th September 2012 regarding the closure of the hotel but that this appellant had not been present at the meeting and had no knowledge of it.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)