EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Justin Waters -appellant 1 RP192/2012
MN210/2012
WT75/2012
Agata Schafer-appellant 2 RP193/2012
MN211/2012
WT76/2012
Reelika Miina-appellant 3 RP194/2012
MN212/2012
WT77/2012
Alberto Sevillo –appellant 4 RP195/2012
MN213/2012
WT78/2012
Ulle Kruus -appellant 5 RP196/2012
MN214/2012
WT79/2012
Nichakorn Homkajorn -appellant 6 RP197/2012
MN215/2012
WT80/2012
Elina Mutta -appellant 7 RP198/2012
MN216/2012
WT81/2012
Irina Kobin -appellant 8 RP199/2012
MN217/2012
WT82/2012
Vanessa Bastos -appellant 9 RP200/2012
MN218/2012
WT83/2012
Berit Dietrich-appellant 10 RP201/2012
MN219/2012
WT84/2012
Kevin Cassidy –appellant 11 RP202/2012
MN220/2012
WT85/2012
Edyta Bednorz-Karwat -appellant 12 RP203/2012
MN221/2012
WT86/2012
against
LHG Catering Promotions Limited -respondent
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:
Appellants: Mr. Gerard Kennedy, SIPTU,
4 Church Street, St John's Square, Limerick
Respondent: The respondent company was dissolved effective from 11 January 2013.
Background:
A number of the appellants also lodged claims against other entities(under references: UD227/2012 and RP181/2012 )
The appeals by appellants 1, 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 were withdrawn during the hearing on 5th February 2014 by the appellants’ representative.
The Tribunal heard the remaining appellant (appellant 5) was originally employed by another entity. However, the employees of that entity were informed at the end of January 2011 that their employment had transferred to another entity. It was believed that a further transfer may have occurred in August 2011 but the employees 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 there was no break in the appellant’s service. 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 claims 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)