RP799/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                 CASE NO.

Genowefa Czerwinska                                                                                    RP799/2013

-   Appellant                                                  

against

Joanna Grzgorz Krzyzanowski T/A Rosslare Golf Club restaurant

• Respondent

   

  under

   

  REDUNDANCY PAYMENTS ACTS, 1967 TO 2007

   

  I certify that the Tribunal

  (Division of Tribunal)

   

  Chairman:   Mr. N. Russell

   

  Members:     Mr. J. Browne

  Mr. F. Dorgan

   

  heard this appeal at Wexford on 23^rd January 2015

   

   

  Representation:

   

  Appellant:           Ensor O’Connor Solicitors, 4 Court Street, Enniscorthy, Wexford

   

  Respondent:         In Person

   

  The determination of the Tribunal was as follows:

   

  Background:

   

  The respondent business provides a catering service to a golf club in Co. Wexford. The appellant was employed from the 13^th February 2008 until the 31^st August 2012. She received a contract of employment in late 2011. Her salary commenced at €9 per hour, increased to €10 per hour and later, due to the decline in business, reduced to €9 per hour for a 40 hour working week.

   

  The respondent contract with the golf club was reviewed yearly by the golf club committee. In 2012 the respondent’s contract was up for review on the 31^st August 2012. However, the respondent continued to provide catering services to the golf club until October 2012.

   

  The appellant claims her job was made redundant and therefore entitlement to statutory redundancy.

   

  The respondent agrees with the appellant’s commencement date but states the appellant left her employment. The contend if she had remained in their employment until the end of their contract with the golf club she would have been entitled to a redundancy payment but, due to financial circumstances, they would have not been in a position to pay it.

                                                              

  Both parties gave extensive and conflicting sworn evidence in this matter.

   

  Determination:

   

  The Tribunal have carefully considered the evidence adduced in this matter. Based on this evidence the Tribunal finds the appellant left the respondent’s employment before any redundancy situation occurred.

   

  Accordingly, the appeal under the Redundancy Payments Acts, 1967 to 2007 fails.

   

   

   

   

  Sealed with the Seal of the

   

  Employment Appeals Tribunal

   

   

   

  This   ________________________

   

  (Sgd.) ________________________

       (CHAIRMAN)