EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
David Hauer RP487/2013
against
Farrell Foods Kilkenny Limited
and
Blueberry Larder Limited
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Hennessy
Mr F. Dorgan
heard this appeal at Kilkenny on 31st October 2014
Representation:
_______________
Appellant: In person
Respondent: In person
DETERMINATION
The claimant came before the Tribunal seeking a Redundancy Payment from B. L. Limited referable to the conclusion of his employment with that company on the 25th August 2012.
Having considered the evidence before it, the Tribunal in the first instance has decided that the claimant is not entitled to a Redundancy Payment in circumstances where he was offered suitable alternative employment from the 25th August 2012 with B. L. Limited’s “sister company” F. F. K. Limited for which he had worked initially.
In the circumstances the claims for a Redundancy Payment fails.
In light of the foregoing it is not necessary for the Tribunal to decide if, in fact, there was a Transfer of an Undertaking on the 25th August 2012 when B. L. Limited ceased operations and a Third Party continued providing the restaurant service and employed the claimant in the same capacity and in the same location where he had been employed by B. L. Limited.
Based on the evidence heard by the Tribunal it seems likely that a Transfer of an Undertaking occurred, however, it is not proposed to determine that issue in the absence of the claimant’s new employer (Third Party) nor is it necessary to do so.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)