RP206/2015, MN254/2015

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                          CASE NO.

Pauline Cunniffe                                                                                   RP206/2015                                                                                                                                                      

                                                                                                             MN254/2015                                                      

against

Margaret Butler T/A Butlers Filling Station

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Browne

                    Mr F. Dorgan

heard this appeal at Wexford on 17th February 2016

Representation:

Appellant:

         The appellant in person

Respondent:

         No appearance by or on behalf of respondent

There was no appearance by or on behalf of the respondent and the Tribunal is satisfied that she was properly notified of the hearing.

Claimant’s case:

The respondent operated a petrol station and the appellant commenced employment in that petrol station on 1^st April 2008. The respondent did not take over the running of the business until 29^th October 2010 but the claimant transferred on the same terms and conditions of employment as before the change over.

The appellant was working full time up to September 2014 at which time she went part time in order to look after her sick Mother. Up to September 2014 the appellant earned €325.00 per week. It was always the claimant’s intention to return to full time employment once her Mother recovered and she told the respondent so. However the business closed down on 2^nd March 2015 and the appellant was made redundant. The appellant received payment of 3 days notice.

Determination:

Having considered the uncontested evidence of the appellant the Tribunal is satisfied that she was temporarily placed on part time hours approximately 6 months before being made redundant and that it was always her intention to return to full time employment as soon as possible. Therefore a gross pay of €325.00 per week should have been applied in calculating the appellant’s redundancy payment.

The Tribunal is also satisfied that there was a Transfer of Undertakings to the respondent on 29^th October 2010 and accordingly the appellant’s start date for employment with the respondent is 1^st April 2008.

Accordingly the Tribunal awards the appellant a lump sum redundancy payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria less the amount of €2,472.80 already paid to her.

This award is made subject to the claimant having been in insurable employment, during the relevant period, in accordance with the Social Welfare Acts.

The Tribunal also awards the appellant €1,105.00 under the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)