EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Islam Tajul -appellant 1 RP207/2012
MN225/2012
WT90/2012
Amirul Islam -appellant 2 RP208/2012
MN226/2012
WT91/2012
Elaine Becton-appellant 3 RP209/2012
MN227/201
WT92/2012
Islam Monirul -appellant 4 RP210/2012
MN228/2012
WT93/2012
Shah Alam -appellant 5 RP211/2012
MN229/2012
WT94/2012
Touhid Khan -appellant 6 RP212/2012
MN230/2012
WT95/2012
Mohd Sukri Abd Hamid -appellant 7 RP213/2012
MN231/2012
WT96/2012
Aisling Hackett -appellant 8 RP214/2012
MN232/2012
WT97/2012
Kestutis Zurza -appellant 9 RP215/2012
MN233/2012
WT98/2012
Narine Suvarfana –appellant 10 RP216/2012
MN234/2012
WT99/2012
Bernie Fitzgerald –appellant 11 RP217/2012
MN235/2012
WT100/2012
Iwona Jaron –appellant 12 RP204/2012
MN222/2012
WT87/2012
Ismalia Dawo –appellant 13 RP205/2012
MN223/2012
WT88/2012
Najmun Naher –appellant 14 RP206/2012
MN224/2012
WT89/2012
against
Dale Park Properties 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: Mr. Padraic Lyons B.L. instructed by Ms. Julie O'Neill, McDowell Purcell, Solicitors, The Capel Building, Mary's Abbey, Dublin 7
Background:
A number of the appellants also lodged claims against another entity (reference: ud234/2012).
The Tribunal heard evidence on the first day of hearing. The appellants were originally employed by an entity other than the respondent. They were informed at the end of January 2011 that their employment was transferring. 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 has been no break in the appellants’ service and that they have continuity of service. Accordingly, the appeals 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 appellants in relation to these claims.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)