EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Emilia Jankowska RP948/13
- appellant
against
Cafe Loire - respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms B. Glynn
Members: Mr. D. Morrison
Mr T. Gill
heard this appeal at Castlebar on 11th May 2015.
Representation:
Appellant: In person
Respondent: In person
The decision of the Tribunal was as follows:-
Determination:
The appellant commenced employment as a chef on 15th July 2007. While on maternity leave in 2012 the respondent made her aware that the business was closing for the month of January 2013 and in February 2013 that it was being leased out to an employee H. TJ the respondent owner promised her that following her return from maternity leave her job would be there for her.
The appellant returned to work following her maternity leave and H told her there was no work for her and to speak to TJ. However, she secured work in the business initially for one day a week and subsequently worked three days a week. She was seeking a redundancy lump sum payment from the respondent.
The respondent owner TJ told the Tribunal that he leased out the business to H and that employees transferred over to the new business and that no one was made redundant. He had met the appellant in the vicinity during her maternity leave and had informed her that the business was going to be leased out to H in February 2013. He was aware that the appellant had worked for H on her return from maternity leave and that she had left and went to work elsewhere.
Based on the evidence adduced during the course of the hearing the Tribunal is satisfied that a transfer of undertaking took place and in the circumstances a redundancy situation did not exist. The appeal under the Redundancy Payments Acts, 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)