EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Brigid Donnelly-claimant UD1352/2012
RP990/2012
against
Galway Pregnancy Accommodation Support Limited - respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard this claim at Galway on 9th April 2014
Representation:
_______________
Claimant(s) : In Person
Respondent(s) : Purdy Fitzgerald, Solicitors, Kiltartan House, Forster
Street, Galway
Summary of Case
The Tribunal heard evidence that the claimant was employed by an organisation dealing with crisis pregnancies from July 2003. She gave evidence that in July 2010 her employment transferred to the respondent company which was established in June 2010. The transfer of her employment was disputed by the respondent’ legal representative. The respondent company is a charitable organisation and received funding from the Health Service Executive (HSE). This funding ceased in December 2010 and the respondent company ceased operations in January 2011. The claimant received her final wages from the company in January 2011 and the company has not operated since January 2011. The Tribunal heard further evidence that the claimant was in receipt of job seekers benefit from January 2011 onwards but she was never provided with a P45 by the respondent company or a letter of dismissal.
Determination
Based on the evidence adduced the Tribunal is satisfied that the claimant’s employment was terminated by reason of redundancy in January 2011. The Tribunal accepts that the absence of a letter of dismissal and the non-issuing of a P45 left the claimant uncertain as to her employment status. The Tribunal also accepts that her employment was continuous from July 2003. In those circumstances pursuant to section 24 (2A) of the Redundancy Payments Acts 1967 to 2007 the Tribunal extends the time period allowed for bringing a claim for redundancy thus making it a legitimate claim.
The Tribunal finds that the claimant is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date of commencement of employment: 1 July 2003
Date of termination of employment: 28 January 2011
Gross weekly pay: €1057.69
This award is made subject to the claimant having been in insurable employment under the Social Welfare Acts during the relevant period.
Please note that a weekly ceiling of €600.00 applies to all awards made from the Social Insurance Fund.
The claim under the Unfair Dismissals Acts 1977 to 2007 fails and is hereby dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)