EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Tin Min Soe -appellant RP103/2012
MN73/2012
WT36/2012
against
West County Hotel (Ennis) Limited (In Liquidation) -respondent A
Dalepark Properties Limited -respondent B
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Ms M. Sweeney
Mr J. Flavin
heard this appeal at Limerick on 13th November 2013 and 5th February 2014
Representation:
Appellant: Mr. Gerard Kennedy, SIPTU, 4 Church Street, St John's Square, Limerick
Respondents: Mr. Padraic Lyons B.L. instructed by Ms. Julie O'Neill, McDowell Purcell, Solicitors, The Capel Building, Mary's Abbey, Dublin 7
Background:
The Tribunal heard evidence on the first day of hearing. The appellant’s employment was transferred between entities at the end of January 2011. It was believed that a further transfer may have occurred in August 2011 but the employees including the appellant were not officially informed of this.
The Tribunal was informed on the second date of hearing that subsequent P45s and P60s had come to light since the first date of hearing which suggested that a number of re-organisations and transfers seemed to have occurred thereafter.
Determination:
The Tribunal is satisfied that the appellant has not suffered a break in service and that there has been continuity of employment. Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 and the Minimum Notice and Terms of Employment Acts, 1973 to 2005, are dismissed.
The Tribunal dismisses the claim under the Organisation of Working Time Act, 1997 as no evidence was adduced on behalf of the appellant in relation to this claim.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)