EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Christina Gilsenan – appellant RP619/2014
Against
Haven Country Properties Limited - respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr F. Cunneen
Ms M. Mulcahy
heard this appeal at Dublin on the 9 October 2015 and the 11 December 2015
Representation:
Appellant(s) : In person
Respondent(s) : Mr Paul Duff and Ms Sandra Duff (directors of respondent company)
The decision of the Tribunal was as follows:-
Determination
The appellant gave evidence of commencing her employment on the 26 January 2007. The respondent took over the lease of the premises and continued to trade as a café in March 2010. There was no break in the appellant’s employment which ended on the 29 December 2013 when the business closed down.
The respondent did not accept responsibility for the appellant’s employment prior to March 2010.
The Tribunal is satisfied that the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 applies in this case. The appellant is entitled to a redundancy payment calculated on the following criteria:
Date of Commencement: 26 January 2007
Date of Termination: 29 December 2013
Gross Weekly Pay: €200.00
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)