EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Brenda Wallace
- appellant RP491/2014
Against
Primacare Health Professionals Limited
- respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Taaffe
Members: Mr R. Murphy
Mr N. Dowling
heard this appeal at Dublin on 31st July 2015
Representation:
Appellant(s) :
Ms Lucy Geraghty, Fingal Citizens Information Service, Unit 26 The Plaza,
Main Street, Swords, Co Dublin
Respondent(s) : In person
Mr William Buckley, General Manager and Dr James Lee (Medical Director)
Summary of Evidence
The appellant was employed by the respondent company as a receptionist on the 18 May 2006. The appellant was described as a good employee who performed satisfactorily. On the 3 January 2014 the appellant received an email from the general manager advising her of a reduction in her weekly hours of work from thirty hours to thirteen hours. The appellant spoke to HR and the general manager and was given no indication as to the duration of the reduced hours.
The respondent submitted that this reduction in hours was a short term arrangement until the full complement of GP’s resumed work. The respondent’s medical director gave evidence that it was never intended that the appellant would be made redundant. The appellant gave evidence that she had submitted medical certificates from 7 January 2014 to 25 April 2014. Correspondence dated 29 January and the 24 February 2014 received by the respondent from the appellant’s representative was opened to the Tribunal. The general manager gave evidence of a delay in the process of engaging with the appellant as he required authorisation from her to discuss her employment with her representative. The manager confirmed receipt of the appellant’s notice to claim redundancy (RP9) on the 29 March 2014 and gave evidence that he signed and returned the counter notice. A letter dated the 31 March 2014 to the appellant was opened to the Tribunal which the witness submitted was an attempt by the company to engage with the appellant. Medical certificates were submitted by the appellant up to 8 April 2014. The respondent received a letter dated 8 April 2014 from the appellant’s representative seeking her redundancy entitlement. A request for the appellant’s P45 followed on the 9 April 2014 but did not issue until a request was received from Revenue. The general manager under cross examination stated that the appellant’s hours were not defined in her contract of employment. He also rejected claims that the RP9 was returned on the 14 April 2014 as submitted by the appellant. It was accepted that the envelope containing the counter notice dated 31 March 2014 was date stamped by An Post 14 April 2014.
Determination
The Tribunal is satisfied that the respondent did not comply with the statutory obligations of the Redundancy Payments Acts in so far as failing to file within seven days after the service of the notice of intention to claim a redundancy lump sum by the appellant the counter notice as referred to above. The Tribunal further noted the respondent’s failure to explain to the appellant how long the reduced hours would be in place.
The Tribunal awards the appellant a redundancy lump sum payment under the Redundancy Payments Acts 1967 to 2007 based on the following information:
Date Employment Commenced 18 May 2006
Date Employment Terminated 09 May 2014
Gross Weekly Pay €364.59
This award is made subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)