EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP445/2014
APPEAL OF:
Sylwia Anna Swietlik
against
Novy Karine Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr T. Gill
Ms H. Murphy
heard this appeal at Ennis on 25th June 2015
Representation:
Appellant : Ms Anna Kulikowska, Ennis Citizens Information Centre, Bindon Lane, Bank Place, Ennis, Co Clare
Respondent : No representation listed
The decision of the Tribunal was as follows:
The appellant commenced employment with the respondent on 1 June 2010 on a probationary six month contract. On the expiry of that contract she was placed on a two year contract. A third contract gave a commencement date of 10 December 2012. That contract expired on 10 December 2013. The appellant commenced maternity benefit from 17 June 2013 which was due to end on 14 December 2013.
No evidence was presented to the Tribunal that the appellant complied with the requirement to give four weeks written notice to the respondent of her return to work. When the claimant reported to the respondent her third contract had expired and a new contract was offered to her as work was available. However, she did not return to work with the respondent and sought redundancy instead.
Determination
Based on the adduced evidence and documentation in this case the Tribunal cannot find any reasonable grounds for declaring the appellant redundant. It is clear she did not return with the respondent notwithstanding she was offered another contract and more employment with this company.
The appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)