RP435/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

Caroline Fitzgerald –appellant                                                                   RP435/2012

against

West County Hotel - 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: The company which owned this business entered into liquidation effective

from 25^th June 2013.        

Background:

The appellant also brought claims against other entities (under references: RP118/2012 and RP434/2012). It was the appellant’s evidence that she worked as a Financial Controller. It was the appellant’s case that her employment transferred in February 2011. The claimant continues to perform the same role to date.

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 appeal under the Redundancy Payments Acts, 1967 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)