EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Judith Lonergan RP810/2014
against
Tipperary Crystal Designs Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. E. Murray
Members: Mr. J. Browne
Mr. F. Dorgan
heard this appeal in Thurles on 6 October 2015
Representation:
_______________
Appellant(s):
Mr. Roger Cleary instructed by
Mr. Kieran W Cleary, Cleary & Company, Solicitors,
Law Chambers, Market Street, Clonmel, Co. Tipperary
Respondent(s):
Mr. J.J. Fitzgerald, J.J. Fitzgerald & Co., Solicitors,
Friar Street, Thurles, Co. Tipperary
The decision of the Tribunal was as follows:-
The appellant claimed that her employment, which commenced on 20 April 2001, ended by reason of redundancy on or about the 24 September 2013.
The appellant gave evidence that she worked for the respondent in retail sales in Carrick On Suir. She initially worked a five-day week including weekends but was subsequently working a three-day week for which her hours and pay varied. She had health issues and, while she was absent from work, other employees got redundancy when the Carrick On Suir branch closed. Through the managing director she heard that work might come up in Waterford but this did not happen. She did not know precisely when the business closed but understood it to be around the 24th of September 2013.
Giving sworn testimony at the Tribunal hearing, DF, the managing director of the respondent confirmed that the Carrick On Suir operation closed sometime in late September 2013. Staff finished on different dates. He said that it had been hoped to open a shop in Waterford but it took longer than anticipated and was not in fact open on the day of the hearing. He accepted that the appellant was entitled to redundancy. He was unable to confirm the precise date of the closure of the outlet in Carrick On Suir.
The case was made on behalf of the respondent that the application was out of time by one day but the Tribunal was not satisfied that this was the case.
Determination:
Under the Redundancy Payments Acts, 1967 to 2007, the Tribunal finds that the appellant is entitled to a redundancy lump sum based on the following details:
Date of birth:
Date of commencement: 20 April 2001
Date of termination: 24 September 2013
Gross weekly pay: €200.00
This award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)