EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Eimear O'Callaghan RP1043/2013
WT252/2013
against
Labner Limited T/A Premier Cosmetics
and
Labner Limited T/A Premier Cosmetics
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony BL
Members: Ms. M. Sweeney
Ms. H. Kelleher
heard this appeal in Cork on 1 May 2015
Representation:
_______________
Appellant(s):
Mr Anthony O'Brien, A J O'Brien & Co., Solicitors,
6 Firview, Curraheen Road, Bishopstown, Cork City
Respondent(s):
There was no attendance by or on behalf of Mr W.P. O'Grady, Company Secretary,
The decision of the Tribunal was as follows:-
The Tribunal was satisfied that the respondent was duly notified of the hearing.
The appellant claimed that her employment, which commenced on 22 January 2001, ended by reason of redundancy at the end of her due notice period on 2 January 2013. The appellant confirmed her return to work by letter to the respondent some three weeks before her maternity leave was due to expire on 21 November 2012. By way of an undated letter of response the respondent informed the appellant that the factory where she had worked in Co. Cork was now closed and that her work location would now be in Tallaght, Dublin. As a married mother of a new baby this offer was not at all suitable to her. The appellant’s representative wrote to the respondent on 23 November 2012 and 25 June 2013seeking a redundancy payment and enclosing Form RP77 with the letter of 23 November. No response was received to these letters.
Determination:
Based on the uncontested evidence of the appellant the Tribunal is satisfied that her position in Co. Cork was redundant. The position on offer in Dublin was not reasonable alternative employment for her. Accordingly, the appellant is entitled to a redundancy payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:
Date of Birth
Date of Commencement: 22 January 2001
Date of Termination: 2 January 2013
Gross Weekly Wage: €390.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
The Tribunal awards the appellant the sum of €1,170.00 (this amount being equivalent to fifteen days’ holidays) under the Organisation of Working Time Act, 1997, in respect of holidays outstanding at the time of termination of her employment with the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)