EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Sheila Nolan -appellant RP11/2015
against
Certus T/A Certus -respondent
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Ms J. Winters
Ms. N. Greene
heard this appeal at Dublin on 19th February 2016
Representation:
_______________
Appellant: In Person
Respondent: Mr Seamus Given, Arthur Cox & Co, Solicitors,
41-45 St Stephens Green, Dublin 2
Summary of Evidence
The claimant worked for the respondent from 21 May 2012 to 14 September 2014. She had a number of fixed term contracts; 21 May 2012 to 31 March 2013 and 01 April 2013 to 30 September 2013 and then to cover maternity leave from 02 September 13 to May 2014.
The claimant was given notice on 25 April 2014 that her final contract would not be renewed as there was no alternative employment available for her. The claimant sought and secured external alternative employment. The first offer of employment had an immediate start and the second offer had a commencement date of September 2014. On 20 May 2014 the respondent offered the appellant an alternative position and a new contact. This offer would remove the redundancy situation (and lump sum payment) so the appellant felt obliged to accept it although she had made alternative plans.
The appellant accepted the offer of alternative employment and continued to work until her resignation in August 2014. The alternative offer of employment to commence in September 2014 was a 2 year contract; the appellant accepted this offer as she wanted job security.
It is the appellant’s contention that as she was not given the required 1 months’ contractual notice in April 2014 that her contract would not be renewed after May 2014, she was entitled to a redundancy payment on her resignation in August 2014.
The respondent maintains that the appellant accepted the alternative employment and worked in that position until she resigned by letter of 15 August 2014.
Determination
The Tribunal find that the appellant’s position was not redundant and that she was in fact replaced when she resigned from her employment. While it is entirely understandable that the appellant would choose to accept a new position with job security, the situation does not meet the conditions as prescribed in the Redundancy Payments Acts that would entitle her to a redundancy payment.
The Tribunal find that the appeal under the Redundancy Payments Acts 1967 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)