RP347/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

RP347/2015

APPEAL OF:                                                                                                           

Maria Morrissey                                

against

St. Brigid's College Callan

under

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr N. Russell

Members:     Mr J. Hennessy

                     Ms S. Kelly

heard this appeal at Kilkenny on 9th June 2016

Representation:

Appellant:

         The appellant in Person

Respondent:

         Pat Power

Determination:

Having considered the evidence given before the Tribunal and documents submitted the Tribunal concludes as follows:-

The Claimant was on “Lay Off” as defined in Section 11 of the Redundancy payments Act 1967 from the 8^th June 2015 and was given Notice to that effect by her Employer.   The consensus of both Parties was that the Claimant was on “Lay Off” from the 8^th June notwithstanding that there was a written and signed Contract of Employment providing for termination on the 7^th June.

The Claimant gave Notice of Intention to claim in writing on the 24^th July 2015 and advised by telephone on the 27^th July 2015 that this Notice had been given. The Tribunal is satisfied that Notice was given in compliance with Section12(1) of the Redundancy Payments Act 1967

The Employer in this instance did not give the Counter Notice provided for at Section 12 (2) of the Redundancy Payments Act 1967 within the specified period.

The Tribunal has considered the Notice of Intention of the 24^th of July 2015 in the context of the Notice requirement. As it is the consensus of the Parties that the Claimant was on lay-off from the 8^th of June 2015, it is the Tribunal’s view that this constituted an extension of her existing Contract of Employment (and the terms and conditions of same) notwithstanding that it was envisaged that this would terminate on the 7^th June 2015. The Contract of Employment provides that an Employee must give 4 weeks notice of termination of employment. Unless the notice period is waived by the Employer.   It was not waived in this instance.

As the Claimant had taken up new employment on the 10^th August (prior to the expiration of the notice period) she has no entitlement to a Redundancy payment from the Respondent.

The Tribunal determines that the Claimant is not entitled to a Redundancy payment in this instance.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)