EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Carol Quinn - appellant RP705/2014
Against
Louise Brosnan T/A Envy Hair and Beauty Salon
- respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Mr D. Peakin
Mr C. Ryan
heard this appeal at Dublin on 28th August 2015
Representation:
Appellant(s) : In person
Respondent(s) : In person
Determination
The appellant a beauty therapist gave evidence of attending work as usual on the 14 March 2014. That day the respondent informed the appellant that she was terminating her employment due to a decline in the beauty side of the business. A letter confirming this decline in business was given to the appellant and was opened to the Tribunal. The appellant was given no other explanation and was not offered any alternatives. The appellant was in employment with the respondent since February 2009 and received no redundancy payment from the employer.
The respondent submitted that the appellant left by mutual agreement and submitted in evidence that there were a number of issues with the appellant’s performance and difficulties with work relations at the salon. The respondent had received complaints which were not documented or furnished to the Tribunal. The respondent submitted that the letter she gave to the appellant at the time was only given to facilitate the appellant in claiming social welfare. With regard to the appellant’s under-performance the respondent stated that she was reluctant to take the issues up with the appellant.
The Tribunal having carefully considered the detailed evidence from both parties in the case accept the evidence of the appellant. The letter given to the appellant on the day her employment was terminated supports the evidence of the appellant.
The Tribunal awards the appellant a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria:
Date of commencement: 1 February 2009
Date of termination: 14 March 2014
Gross weekly pay: €240.00
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)