EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Christina Ryan -claimant 1 UD227/2012
RP185/2012
MN203/2012
WT67/2012
Ross Quin -claimant 2 UD228/2012
RP186/2012
MN204/2012
WT68/2012
Masud Moniruzzaman -claimant 3 UD229/2012
RP187/2012
MN205/2012
WT69/2012
Kieran Keating -claimant 4 UD230/2012
RP188/2012
MN206/2012
WT70/2012
Jelena Ruskiha -claimant 5 UD231/2012
RP189/2012
MN207/2012
WT72/2012
Lek Charoenpol -claimant 6 UD232/2012
RP190/2012
MN208/2012
WT73/2012
Anne O'Donohue -claimant 7 UD233/2012
RP191/2012
MN209/2012
WT74/2012
Brian Canty -claimant 8 UD226/2012
RP184/2012
MN202/2012
WT66/2012
against
Dale Park Properties Limited -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
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 claim at Limerick on 13th November 2013 and 5th February 2014
Representation:
Claimant: 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, Suite 401, The Capel Building,
Mary’s Abbey, Dublin 7
Background:
A number of the claimants lodged claims against other entities (under references: UD234/2012, RP192/2012 and RP181/2012).
The Tribunal heard evidence on the first day of hearing. The claimants 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 claimants’ service and that they have continuity of service. Accordingly, the claims under the Unfair Dismissals Acts, 1977 to 2007, 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 claimants in relation to these claims.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)