EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Caroline Fitzgerald -appellant RP118/2012
against
West County Hotel (Ennis) Limited (In Liquidation) -respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
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: In person
Respondent: Mr. Padraic Lyons B.L. instructed by Ms. Julie O'Neill, McDowell Purcell, Solicitors, The Capel Building, Mary's Abbey, Dublin 7
Background:
The appellant also brought claims against other entities (under references: RP434/2012 and RP435/2012). It was the claimant’s evidence that she worked as a Financial Controller. Her date of termination with the respondent company was 1 February 2011. However, it was her belief that her employment transferred after that date. The claimant continues to perform the same role.
Determination:
Based on the appellant’s evidence that her employment transferred and that she did not suffer a break in service the Tribunal must find that she has continuity of employment. Accordingly, the Tribunal therefore must dismiss the appeals under the Redundancy Payments Acts, 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)