EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
RP41/2015
APPEAL(S) OF:
Ewa Cichecka
against
Martin Quigley (Nenagh) Limited
under
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O'Mahony BL
Members: Mr. J. Hennessy
Mr. F. Dorgan
heard this appeal in Thurles on 5 May 2016
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
Ms. Nora Cash for Ms. Ciara Carty, Peninsula Business Services (Ireland) Limited, Unit 3, Ground Floor, Block S, East Point Business Park, Dublin 3
The decision of the Tribunal was as follows:-
The appellant commenced working in the respondent’s coffee house in or around 15 December 2011, covering for a permanent employee who was on sick leave. The appellant signed her contract of employment on 23 January 2012 and as the date of the permanent employee’s return to work was not ascertainable at that time it was in effect a contract for a specified purpose. From early July 2014 the appellant was on sick leave and submitted medical certificates to the respondent. On 18 July 2014 the respondent’s manager wrote to the appellant informing her that her contract of employment was being terminated due to the return to work of the permanent employee.
The respondent contended that that this was not a redundancy situation as the permanent position continues.
Determination:
The appellant was employed under a contract for a specified purpose, covering for an absent teacher. That purpose ceased on the return to work of the permanent employee. Such cessation of purpose and of the employment constitutes a redundancy in accordance with section 9(1)(b) of the Redundancy Payments Acts 1967 as substituted by section 6 of the 2003 Act.
Accordingly, the appellant is entitled to a redundancy lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following details:
Date of commencement: 15 December 2011
Date of termination: 18 July 2014
Gross weekly pay: €242.20
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)